National Company Law Tribunal and Appellate Tribunal
In this Chapter, unless the context otherwise requires,
a. "Chairperson" means the Chairperson of the Appellate Tribunal;
b. "Judicial Member" means a member of the Tribunal or the Appellate Tribunal appointed as such and includes the President or the Chairperson, as the case may be;
c. "Member" means a member, whether Judicial or Technical of the Tribunal or the Appellate Tribunal and includes the President or the Chairperson, as the case may be;
d. "President" means the President of the Tribunal;
e. "Technical Member" means a member of the Tribunal or the Appellate Tribunal appointed as such.
Legal Commentary & Landmark Judgments: Section 407
Section 407 provides foundational definitions for Chapter XXVII, defining 'Chairperson', 'Judicial Member', 'Member', 'President', and 'Technical Member' of the NCLT and NCLAT.
When challenging the constitution of an NCLT Bench or recusal of a member, examine Section 407 definitions. A validly constituted Division Bench must consist of one Judicial Member and one Technical Member; an order delivered by an improperly constituted single member on substantive matters (outside Section 419 provisos) is void for lack of statutory coram.