In a writ petition seeking direction to establish a third Division Bench at Chennai NCLT, this court held that the petition became infructuous after the central government order fully functional two benches at Chennai, though the matter regarding the third bench was left open.
The writ petition was disposed of as infructuous. No order as to costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.12.2021
CORAM :
THE HON'BLE MR.MUNISHWAR NATH BHANDARI,
ACTING CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU
W.P.No.14357 of 2021
CA.V.Venkata Siva Kumar
.. Party in person
vs
Prayer: Petition filed under Article 226 of The Constitution of India praying for the issuance of a Writ of Mandamus to direct the first respondent to immediately operationalize the third Division Bench at Chennai NCLT, for which, the infrastructure was already made ready in 2018 and fill up all the vacant posts of the Adjudicating Authorities in the Hon'ble NCLT Benches in
particular in Chennai as per Notification No.A-12023/3/2019-Ad. IV dated 26.8.2019.
Petitioner : Appearing in person
For Respondents Mr.R.Rajesh Vivekananthan Central Government Standing Counsel for R1 & R4
Mr.C.V.Ramachandramurthy for R3
ORDER
(Order of the Court was made by the Hon'ble Acting Chief Justice)
Learned Central Government Standing Counsel has produced a copy of the order dated 03.12.2021 passed by the National Company Law Tribunal, New Delhi-3, by which, Judicial and Technical Members have been nominated for Kochi Bench as well as for Chennai Court No.2, thereby the two Benches at Chennai National Company Law Tribunal are made fully functional.
Sd/-
Assistant Registrar(CS-III)
//True Copy//
Sub Assistant Registrar
RS
To:
+1cc to M/s.C.V.Ramachandramoorthy, Advocate, S.R.No.64411
W.P.No.14357 of 2021
KSM(CO) SU(09/12/2021)
1 issue framed by the court
Whether the writ petition seeking direction to operationalize the third Division Bench at Chennai NCLT remains maintainable after two benches at Chennai became fully functional.
1 provisions across 1 enactments
C.V. Venkata Siva Kumar
Union of India, Ministry of Corporate Affairs
The Hon'ble NCLT
Insolvency and Bankruptcy Board of India
Union of India, Ministry of Law and Justice
Munishwar Nath Bhandari
P.D. Audikeshavalu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
