Madras High Court Seeks Union Govts Response On Plea Alleging Corruption By Retd Technical Member At NCLT, Chennai

The bench of Chief Justice SV Gangapurwala and Justice Bharatha Chakravarthy has adjourned the case to February 14^th, on which day the Additional Advocate General has been asked to respond to the plea.

The petitioner, CA Venkata Sivakumar has sought to constitute an expert committee comprising representatives from the Ministry of Corporate Affairs, Ministry of Law and Justice, NCLT and Central Vigilance Commission, and other experts to look into his suggestions and take steps for strengthening the functions of the Tribunal and to submit an action taken report. Alternatively, Sivakumar has sought a proposal to initiate the action.

In his plea, Sivakumar alleged that the technical member of the NCLT, Chennai (now retired) had been conniving with the parties and passing favourable orders. He alleged that the technical member was in the habit if reserving judgments for months together till the interested parties approached his chamber for negotiations.

He added that the judgments were pronounced only when the deals were finalized. Further, it was submitted that once deals were finalized with some parties, their matters would be heard on priority and favourable orders would be passed overruling restraint orders, misrepresenting the facts, and even abusing the opponent's counsels thereby disregarding the principles of natural justice.

Sivakumar also alleged that the technical member arbitrarily appointed senior counsels who were close to him as advocate commissioners fixing huge remuneration.

It was also submitted that intelligence agencies, in their reports submitted to the Ministry of Corporate Affairs, have confirmed that the technical member had amassed huge wealth illegally by misusing the judicial power but no action had been taken nor investigation had been initiated by the Enforcement Directorate or the CBI.

Sivakumar also submitted that though he made representations to the Ministry of Corporate Affairs, Finance Minister, and the Chief Justice of India giving suggestions and solutions for strengthening the monitoring system focusing on modifying the roster system using technological advancements and video conferencing facilities, no reply had been received.

Thus, he filed the plea seeking appropriate orders.

Case Title: CA Venkata Siva Kumar v Ministry of Corporate Affairs and Others

Case No: WP No. 32964 or 2022