Supreme Court - Daily Orders
Sonu Cargo Movers (I) Pvt. Ltd. vs Union Of India on 20 June, 2019
Bench: Deepak Gupta, Surya Kant
1
ITEM NO.10 COURT NO.4 SECTION X
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Writ Petition(s)(Civil) No(s). 722/2019
SONU CARGO MOVERS (I) PVT. LTD. & ANR. Petitioner(s)
VERSUS
UNION OF INDIA & ORS. Respondent(s)
(FOR ADMISSION and IA No.85878/2019-EX-PARTE STAY)
WITH
SLP(C) No. 13402/2019 (III)
(FOR ADMISSION and I.R. and IA No.85913/2019-EXEMPTION FROM FILING
C/C OF THE IMPUGNED JUDGMENT)
Date : 20-06-2019 These petitions were called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE DEEPAK GUPTA
HON'BLE MR. JUSTICE SURYA KANT
(VACATION BENCH)
For Petitioner(s)
Ms. Meenakshi Arora, Sr. Adv.
Mr. Gaurav Goel, AOR
Mr. Devyanshu Sharma, Adv.
For Respondent(s)
Mr. Gaurav Mathur, Adv.
Ms. Anushree Prashit Kapadia, AOR
Mr. Vikramjit Banerjee, ASG
Mr. Sanjay Kumar Tyagi, Adv.
Mr. Sachin Sharma, Adv.
Anshul Gupta, Adv.
Mr. Siddhartha Sinha, Adv.
Mr. Arvind Kumar Sharma, Adv.
Mr. Mrigank Prabhakar, Adv.
UPON hearing the counsel the Court made the following
O R D E R
Signature Not Verified The grievance of the petitioners was that their matter was Digitally signed by MANISH SETHI Date: 2019.06.20 being heard by a Bench in which there was no technical member. 16:41:34 IST Reason:
Today it is pointed out that an order has been issued by the Ministry of Corporate Affairs appointing the technical members in 2 the Bench of the National Company Law Tribunal (“NCLT”) at Ahmedabad.
We therefore, dispose of these petitions with a direction that the case of the petitioners be heard by a Bench comprising of a judicial member and a technical member.
Ms. Meenakshi Arora, learned senior counsel has raised the issue that despite judgment passed in Swiss Ribbons Private Ltd. & Anr. vs. Union of India & Ors. (2019) 4 SCC 17, it is not the Law Ministry but the Ministry of Corporate Affairs which is ordering the appointment of the members of the NCLT.
We are not going into that question in this case and leave it open for decision in an appropriate case.
Pending application(s), if any, shall stand disposed of.
(MANISH SETHI) (SAROJ KUMARI GAUR) COURT MASTER (SH) BRANCH OFFICER