Shortage of Members at Kolkata Bench: NCLT Principal Bench transfers case to New Delhi

Owing to the shortage of members at its Kolkata Bench, the National Company Law Tribunal, Principal Bench has transferred a matter to one of the benches at New Delhi. (Techno Electric & Engineering vs McLeod Russel India).The order was passed by a two-member bench of BSV Prakash Kumar, Acting President and Hemant Sarangi, Member (Technical) under Rule 16(d) of the NCLT Rules, 2016. .It is a transfer application moved by the petitioner based on the order passed by the Hon’ble NCLAT on 03.03.2020. It is apparent on record that CP(IB)- 1071/2019 was filed on 08.07.2019 before Kolkata NCLT, owing to shortage of members at Kolkata, this CP is hereby transferred to Bench – V NCLT New Delhi with a direction to list it on 20.10.2020. Accordingly, application is allowed.the order reads..On a related note, earlier this year, Rajasekhar VK, Member (Judicial) was transferred by the Acting President from NCLT Mumbai to NCLT Kolkata..Rajasekhar VK thereafter moved the Delhi High Court against the transfer orders issued by the Acting President, claiming that they are in violation of statutory provisions and the rules of transfers. .[NCLT Transfers] Delhi HC directs NCLT to not take coercive action; Allows Rajesh D Khare to intervene.In June, the High Court passed an order directing the NCLT to not take any coercive action against Rajasekhar pursuant to its order asking Members to join their new stations of posting..The challenge is presently pending before the High Court. .The Petitioner in the transfer petition was represented by Senior Advocate Nakul Dewan with Advocate Masoom Shah, Udit Gupta and Palzan Moktan..Respondent was represented by Advocates Eshna Kumar and Srinjoy..Read the Order: