The Delhi High Court on Tuesday, dismissed with costs a public interest litigation petition challenging the appointment of a technical member to the National Company Law Appellate Tribunal (NCLAT) (India Awake for Transparency v UOI and Ors)..The Bench of Chief Justice DN Patel and Justice Jyoti Singh said that the person appointed is fully qualified to be a member of the NCLAT and the appointment was made by the search and select committee headed by the Chief Justice of India and in accordance with law“Respondent No 2 has also served as a member of the National Consumer Commission for several years and has decided several matters,” the Court said..The Bench also questioned the locus of the petitioner NGO, India Awake for Transparency, stating that it has repeatedly filed such petitions and even though various courts have dismissed such petitions with costs, it has failed to deposit the money. The Court also expressed its displeasure at the fact that the petitioner’s license had been cancelled but it hid the same in its affidavit."The petitioner company is inactive whereas looking at the affidavit filed, it is clear that a false affidavit has been filed that the company is active. Thus we see no reason to entertain this petition and dismiss it with a cost,” the Court said..It, therefore, imposed costs of ₹25,000 on the petitioner NGO.The same organsation had earlier faced the ire of the Karnataka High Court which had imposed an costs of ₹10 lakh on it for “abusing the process of law” by filing several petitions making allegations against Wipro Founder Azim Premji and his family members.
The Delhi High Court on Tuesday, dismissed with costs a public interest litigation petition challenging the appointment of a technical member to the National Company Law Appellate Tribunal (NCLAT) (India Awake for Transparency v UOI and Ors)..The Bench of Chief Justice DN Patel and Justice Jyoti Singh said that the person appointed is fully qualified to be a member of the NCLAT and the appointment was made by the search and select committee headed by the Chief Justice of India and in accordance with law“Respondent No 2 has also served as a member of the National Consumer Commission for several years and has decided several matters,” the Court said..The Bench also questioned the locus of the petitioner NGO, India Awake for Transparency, stating that it has repeatedly filed such petitions and even though various courts have dismissed such petitions with costs, it has failed to deposit the money. The Court also expressed its displeasure at the fact that the petitioner’s license had been cancelled but it hid the same in its affidavit."The petitioner company is inactive whereas looking at the affidavit filed, it is clear that a false affidavit has been filed that the company is active. Thus we see no reason to entertain this petition and dismiss it with a cost,” the Court said..It, therefore, imposed costs of ₹25,000 on the petitioner NGO.The same organsation had earlier faced the ire of the Karnataka High Court which had imposed an costs of ₹10 lakh on it for “abusing the process of law” by filing several petitions making allegations against Wipro Founder Azim Premji and his family members.