Delhi HC dismisses with 25k costs challenge to appointment of NCLAT Technical Member

A bench headed by Chief Justice D N Patel said there was no reason to entertain the petition filed by 'India Awake for Transparency' and directed that the costs be deposited with the Delhi State Legal Service Authority in four weeks.

The bench, also comprising Justice Jyoti Singh, noted that the Member in question was fully qualified and was duly chosen by a search-cum-selection committee under the Chief Justice of India in January 2020.

"Looking to the qualification of respondent no 2 (the Member), she is fully qualified to be appointed and has been selected by the search-cum-selection committee in accordance with the law. The process of selection is in accordance with the law... Respondent no 2 has also served at the National Consumer (Disputes Redressal) Commission for several years," the court said.

The court added that the petitioner was an "inactive company" and its license has also been canceled.

"We see no reason to entertain the writ petition and the same is dismissed with costs of Rs 25,000," the court-ordered.

The Centre opposed the petition on the ground that the petitioner has no locus standi to challenge the appointment and claimed there were various judicial orders imposing costs on the petitioner.

It was stated that the appointment of the Technical Member was in accordance with the statutory rules and regulations.

Counsel for the Technical Member also argued that the petitioner was a chronic litigant who abused the process of law.