SC issues Contempt Notices to NCLAT for Defying Order

SC issues Contempt Notices to NCLAT for Defying Order

Today, the Supreme Court of India summoned a bench of the National Company Law Appellate Tribunal (NCLAT) for defying its orders in a Finolex Cables dispute.

A bench led by Chief Justice of India DY Chandrachud issued notices to Mr Rakesh Kumar and Dr Alok Srivastava of the NCLAT for delivering a judgment on October 13 ignoring a status quo order passed by the Apex Court.

The Court in its today's order has directed that the said members should personally appear before the Supreme Court on October 30.

During the proceedings, the CJI said the NCLAT had gone to rot but added that NCLAT chairperson Justice (retd) Ashok Bhushan was a dignified judge.

During the hearing, CJI orally expressed anguish at the developments by saying :

"I am not talking about Justice Ashok Bhushan (NCLAT Chairperson). He is one of the most dignified and disciplined judges I know...but NCLT and NCLAT has got down to a rot now. This case is an illustration of that rot."

The court was hearing a case pertaining to the Annual General Meeting of Finolex Cables, wherein the SC had ordered an enquiry against the bench of NCLAT for defying its ordered.

"An NCLAT member who heard the matter was appearing in this case...he should have recused...It's extraordinary...," CJI expressed disbelief.

Furthermore, the Supreme Court has also summoned the scrutiniser of the AGM of Finolex cables for defying the order of the court.

Case Title: Orbit Electricals Private Limited v. Deepak Kishan Chhabaria

 
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