In a NCLT there is already 11 member and wants to appoint Mr A and B as judicial Member can it do so...........

Companies Act-Phase (I & II) NCLT & NCLAT

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In a NCLT there is already 11 member and wants to appoint Mr. A and B as judicial Member, can it do so?

No, as maximum no. of judicial and technical member cannot exceed 11,

No, as maximum no. of President, Judicial and Technical member cannot exceed 11,

Yes, they can Appoint Mr. A and B,

No, it cannot appoint as sole power lies with Central Government.

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Explanation:

Under section 412, The President of the Tribunal and the chairperson and Judicial Members of the Appellate Tribunal shall be appointed after consultation with the Chief Justice of India. Under Sec 410, National Company Law Appellate Tribunal consisting of a chairperson and such number of judicial and technical members, not exceeding 11,

So, there is no limit under sec 408 for Maximum no of member to be appointed.