Three Sitting Members Of NCLAT Move Supreme Court Challenging Disparaging Remarks Made Against Them By Five-Judge Bench

A plea has been filed before the Supreme Court by three sitting members of National Company Law Appellate Tribunal challenging the derogatory remarks made against them by a 5- member Bench of the NCLAT in an order. The impugned statements in the order of the five-judge Bench which have been challenged before the Apex Court state that it was a matter of judicial discipline for the referral bench to follow the judgment of the 5 member bench in V Padmakumar's case as a binding precedent and not question the correctness of the judgment by adopting cut and paste methodology in branding the five member bench judgment in V Padmakumar's case as so very incorrect divorced of the context. The plea states that the Three-judge Bench, while deciding the case, had opined that the judgment in V. Padmakumar passed by a five-Members Bench was in direct conflict with the several judgments of the Supreme Court and also the law laid down by High Court in several cases. According to the petitioners, while the Larger Bench crossed the limits of its jurisdiction while making such unsavory remarks against the referral Bench, it did not even dwell on the issue referred to it regarding the apparent conflict between law laid down by NCLAT and that laid down by the Supreme Court and High Court.