NCLT Technical Member Moves Delhi HC Against Acting President Appointment, Claims He Is Senior-Most

The petition challenges the Ministry of Corporate Affairs notification dated March 16, 2026, which appointed Member (Judicial) Bachu Venkat Balaram Das as acting president after the completion of the term of then Acting President Deep Chandra Joshi.

The matter arises after a vacancy occurred on March 16, 2026, making the question of seniority central to the interim appointment.

A division bench of Justices Harish Shankar and Om Prakash Shukla today heard the matter and sought response from the central government.

The petition states that he is the senior-most Member of the NCLT, having joined on October 1, 2021, whereas Justice Das assumed office later on October 18, 2021. He argues that under Section 415(1) read with Section 407(c) of the Companies Act, 2013, the senior-most member, whether judicial or technical, must act as President in the event of a vacancy.

“BECAUSE, the Petitioner herein is aggrieved by the illegal and arbitrary action of the Respondent No.1 in issuing Notification No. F. No. A-4501 1/534/2025-Ad.IV-MCA dated 16.03.2026, erroneously showing Mr. Bachu Venkat Balaram Das as senior-most Member to act as President of NCLT. The petitioner being the senior-most Member, the impugned Notification is in complete and flagrant violation of Article 14 of the Constitution and Section 415(1) read with 407 (c) of the Companies Act, 2013, warranting grant of reliefs as prayed in the petition in the interest of justice.”, the petition states.

The petition states that the statutory scheme leaves no discretion with the government in appointing an Acting President and mandates strict adherence to seniority.

The plea seeks a writ of quo warranto to quash the notification and a direction permitting Singh to act as President of the NCLT.

The petition has been filed through Advocate Prakhar Srivastav.