NCLT technical member moves CAT against acting President appointment after withdrawing petition from Delhi HC

NCLT technical member Kaushalendra Kumar Singh has moved the Central Administrative Tribunal (CAT) challenging the appointment of judicial member Bachu Venkat Balaram Das as the acting President of the National Company Law Tribunal (NCLT) [Kaushalendra Kumar Singh Vs Union of India].

Das is currently serving as the acting President of the NCLT pursuant to a Central government notification dated March 16.

Singh had earlier approached the Delhi High Court against the appointment. A Division Bench of Justice C Hari Shankar and Justice Om Prakash Shukla had issued notice in the matter.

The plea has now been withdrawn, with Singh choosing to pursue the dispute before the CAT.

The office of the NCLT President fell vacant on February 13, 2026, following the retirement of Justice Ramalingam Sudhakar.

Judicial member Deep Chandra Joshi was initially given additional charge as acting President. After his tenure ended on March 16, Das was appointed and continues to serve as acting President.

Singh has argued that he is the senior-most member of the NCLT, having joined on October 1, 2021, earlier than Das, who joined on October 18, 2021.

Relying on Section 415 of the Companies Act, 2013, he contends that the “senior-most member” — whether judicial or technical — must be appointed as Acting President in case of a vacancy.

He has further argued that bypassing him and appointing Das violates Article 14 of the Constitution.

The plea seeks quashing of the March 16 notification and a direction to appoint him as acting President.

The Union government had earlier defended the appointment before the Delhi High Court, arguing that the issue is not one of seniority but of constitutional requirement.

In its affidavit before the High Court, the government had contended that the NCLT exercises jurisdiction previously vested in High Courts, and therefore must be headed by a person with a judicial character akin to that of a High Court judge.

Relying on Supreme Court judgments, the Centre argued that tribunals must maintain a “dominant judicial character” and that technical members cannot head such bodies, even in an acting capacity.

Pertinently, it had also said that the appointment of a permanent President has not happened since the recommendation of the Chief Justice of India (CJI) is awaited.

The Centre stated that the Ministry of Corporate Affairs had addressed a letter to the CJI in December 2025 seeking a suitable recommendation for the post of NCLT President under Section 412(1) of the Companies Act, 2013.

However, no recommendation has yet been received from the office of CJI.

The office of the NCLT President fell vacant on February 13, 2026, following the retirement of Justice Ramalingam Sudhakar.

Judicial member Deep Chandra Joshi was initially given additional charge as acting President. After his tenure ended on March 16, Das was appointed and continues to serve as acting President.