The Supreme Court on Friday said the allegation that a senior high court judge had approached a judicial member of the National Company Law Appellate Tribunal (NCLAT) in Chennai for an order favouring a company would be dealt with by Chief Justice of India B.R. Gavai.
NCLAT judge, Justice Sharad Kumar Sharma, had made the startling disclosure in the open court on August 18 and had also reportedly shown the messages he got from the said judge in the insolvency petition filed by M/S A.S. Met Corp Private Limited against KLSR Infratech Ltd over payment default.
Justice Sharma had claimed that a “revered member of the higher judiciary” had approached him to pass a favourable order in favour of KLSR Infratech Ltd in the insolvency dispute. Justice Sharma did not name the judge or from which court
he hailed.
Advocate Prashant Bhushan, appearing for M/S A.S. Met Corp Pvt Ltd, urged the apex court to direct the filing of an FIR based on the disclosure made by Justice Sharma and the monitoring of the criminal investigation by a retired Supreme Court judge.
A bench of Justices Surya Kant and Joymalya Bagchi refrained from directing the filing of any FIR. It directed that the matter pending before the NCLAT’s Chennai branch be transferred to the Delhi branch and CJI Gavai examine the allegations at the administrative level.
“The foremost issue, in our considered opinion, is the fair and impartial adjudication of Company Appeal… No.210/2023... We request the Hon’ble chairperson of the NCLAT to list the said appeal before the bench presided over by His Lordship and decide the same, after issuing notice and giving adequate hearing to the contesting parties, at the earliest,” it said.