Madras High Court in R. Gandhi vs. Union of India, held that NCLT is against the basic structure of the constitution as it has been awarded with all the powers which are conferred to the High Court. Subsequently, Hon’ble Supreme Court in Union of India vs. R. Gandhi/ Madras Bar Association upheld the Constitutional validity of NCLT.
Also there were issues pertaining to the qualification and eligibility criteria of the ‘would be technical members’ of NCLT. Though these issues were finally resolved, the establishment of NCLT and NCLAT was delayed.
As you aware that from June 01, 2016; NCLT and NCLAT is active. Ministry of corporate affairs issue circular to share location and postal address of NCLT and its Benches and NCLAT.
Click here to view Address.