NCLAT Judicial Member Rakesh Kumar Resigns Due To Unforeseen Consequences

New Delhi: Justice(retd) Rakesh Kumar, retired judge of Andhra Pradesh High Court and a judicial member at the National Company Law Appellate Tribunal (NCLAT), resigned on Monday after allegedly defying directions of the Supreme Court in the Finolex Cables case. 

The apex court had pulled up the NCLAT bench comprising Justice Rakesh Kumar (judicial) and Alok Srivastava (technical) for pronouncing the order in the Finolex Cables case despite the top court asking the bench to defer it. 

Senior advocate Pramjit Patwali, who represented Rakesh Kumar, informed the apex court that Kumar had tendered his resignation on the morning of October 30. A three judge bench headed by Chief Justice of India (CJI) DY Chandrachud observed that both NCLAT members willfully defied the court order. The bench took note of Kumar’s resignation and closed the matter, 

A dispute arose between two cousins Prakash Chhabria and Deepak Chhabria pertaining to the Annual General Meeting (AGM) of Finolex Cables and the matter reached the NCLAT. A bench comprising Justice Rakesh Kumar and Justice Alok Srivastava ordered a status quo on the results of the AGM of Finolex Cables. However the apex court set aside this order. 

The Supreme Court heard the matter on October 13 and passed an order directing NCLAT to postpone the pronouncement of its order until the results of the AGM is submitted in the form of a report by the scrutiniser. It is alleged that the NCLAT bench pronounced its order by defying the clear directive from the top court. 

Controversial Comments on Amaravati Capital 

During his tenure as the Judge of the Andhra Pradesh High Court, Justice Rakesh Kumar passed an order on the Amaravati capital issue. Along with the orders, he made several controversial comments. He had also made disturbing comments like constitutional crisis. When the state government challenged these remarks in the Supreme Court, the Supreme Court seriously found fault with the judgment given by Justice Rakesh Kumar. It further pointed out that the comments made by Justice Rakeshkumar were alarming and the comments made about the violation of the Constitution are incorrect.

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