Thursday, June 1, 2023

SC extends term of NCLAT judicial member by 3 months

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New Delhi: The Supreme Court on Monday extended the term of Justice AIS Cheema, judicial member of the National Company Law Appellate Tribunal, by three months. Justice Cheema was scheduled to demit office on September 10.

Justice Cheema was appointed as a judicial member under the 2017 Rules on Qualification and Appointments for Tribunals on September 11, 2017 under which a member is entitled to be in service for five years or till attaining the age of 67 years.

The Court was informed that the 2017 rules have been struck down in the case of Rojer Mathew vs South Indian Bank Ltd. & Ors. The 2020 rules framed appointment to Tribunals have also been challenged before the apex court by Madras Bar Association, for being against the principles of separation of powers and will be heard on Tuesday, September 15.

A division bench of Justices L Nageswara Rao and Hemant Gupta observed that as the writ petitions which have been filed challenging the 2020 Rules are listed for hearing on September 15, 2020, the term of the applicant shall extended by three months from September 10, 2020.

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After becoming the Judge of Bombay High Court in 2013 and having practiced as advocate in Supreme Court of India after superannuation, Justice Chemma was appointed as Judicial Member of NCLAT and was scheduled to demit office on September 10.

-India Legal Bureau

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