NCLAT judge recuses himself from case citing text from brother

The order, passed by justice Sharad Kumar Sharma, the judicial member presiding over the NCLAT bench in Chennai, underscored the principle of judicial integrity and impartiality while highlighting the complexities that arise when familial relationships intersect with judicial responsibilities. Jatindranath Swain was the technical member on the bench.

- Utkarsh Anand

Justice Sharma, a former judge of the Uttarakhand high court, detailed in the order that his brother had sent WhatsApp messages discussing the case and seeking advice. The text message read, in part: "Brother, what can be in this paper that I am sending, what is the possibility of it happening, please try to give proper advice. This is a matter of your own court... If I have caused any kind of trouble, then I apologize." Acknowledging the personal nature of the request, justice Sharma stated in the order: "With a very sorry note, I refuse to hear this appeal. Let the matter be placed before the Hon'ble Chairperson for the nomination of another bench."

The message further sought relief related to quashing corporate insolvency resolution process (CIRP) proceedings, directing the return of the corporate debtor to its board, and ensuring commitments to operational creditors.