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On Monday the High Court of Delhi While issuing notice to the Central Government, the Registrar of NCLT and other Respondents, in a petition by Rajasekhar VK, Member (Judicial),National Company Law Tribunal (NCLT) challenging the transfer orders given by BSV Prakash Kumar, in April and May the Acting President of the National Company Law Tribunal demanded counter-affidavits within a week.This case was decided by the Single Judge Bench of Justice V Kameswar Rao.
The acting president has changed the position of the members of the NCLT. Whereas the Petitioner was transferred to NCLT Kolkata by NCLT Mumbai, the Acting President transferred himself from NCLT Chennai to NCLT Mumbai.
Rajasekhar VK 's argument is that such transfer orders are illegal, malicious, biased and without jurisdiction. Rajasekhar VK (Petitioner) contended that the transfer orders are in violation of the legislative requirements and transfer rules, in particular Rule 15A of the Rules of Procedure (Salary, Allowances & other Terms and Conditions of Service of President and other Members), 2015.
It is argued that the transfer orders of NCLT members are unconstitutional and contrary to the Supreme Court's decision in UOI vs Madras Bar Association, in the absence of any consultation / order passed by the Central Government through the Ministry of Law & Justice.
Despite there is the absence of a president and a nation wide lockdown, there were no compelling circumstances to issue the transfer orders, the petitioner said.
The Petitioner also raised concerns over Chennai's first holding court for the Acting President, and then moved himself to Mumbai. This conduct is said to be in breach of section 419(2) of the Companies Act, 2013, the president will preside over New Delhi 's Principal Bench.
In seeking to nominate a qualified Member as Acting President, the Petitioner pointed out, instead of BSV Prakash Kumar, that Kumar was not a High Court Judge and was therefore not worthy to be named President.
The Petitioner was represented by Advocate Vandana Sehgal.
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