SC strikes down adverse remarks against NCLAT bench

KT NEWS SERVICE. Dated: 2/20/2021 12:09:07 PM

NEW DELHI, Feb 19: The Supreme Court on Friday expunged the alleged adverse remarks by a 5-member Bench of the National Company Law Appellate Tribunal (NCLAT) against its 3-member Bench.
"We have gone through the case. We are with you. Observations made against members of the tribunal stand expunged from the record," said Justice Rohinton Fali Nariman, even before the hearing began. He was heading a 2-judge Bench which also included Justice B R Gavai.
The 3-member Bench of NCLAT had referred a matter to the larger 5-member Bench, which made the alleged "personal and unsavory" remarks against the three members. They approached the top court against these remarks.
The five-member bench led by its acting chairman, Justice Bansi Lal Bhat had passed strictures against the three-member bench of Justice (Retd) Jarat Kumar Jain, Bavinder Singh, and Vijai Pratap Singh.
In its judgment, the 5-member Bench had observed that the 3-member Bench had adopted "cut & paste methodology" and embarked on a "painful misadventure" to refer the matter to it for disposal.
The appeal in the Supreme Court said the larger bench crossed both limits of its jurisdiction and has made unsavory and most disparaging comments which tend to be personal in nature against the referral bench.
The issue which was referred to the five-member bench was related to the entry of book of accounts of a company and acknowledgment of the debt by the company.



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