Supreme Court judge Justice Sanjiv Khanna on Tuesday recused himself from hearing the two Special Leave Petitions (SLPs) filed by the Delhi Gymkhana Club members challenging the National Company Law Appellate Tribunal (NCLAT) order directing the suspension of the General Committee of the Delhi Gymkhana Club and appointment of an Administrator nominated by the Union of India (UOI) to manage the day-to-day affairs of the Club.
Justice Sanjiv Khanna, who was a member in the three-judge bench, headed by Justice AM Khanwilkar and Justice JK Maheshwari, recused from hearing the two SLPs.
A battery of lawyers, including the Solicitor General, top advocates, Harish Salve, Kapil Sibal, C Aryama Sundaram, and Abhishek Manu Singhvi, had appeared today in the case in the Supreme Court, which fixed further hearing on September 13.
Delhi Gymkhana Club (DGC) members had filed the two SLPs before the Supreme Court challenging the February 15, 2021, order of the NCLAT on grounds that DGC had never done any wrongdoings with the day to day Club affairs.
The SLPs were filed before the Supreme Court as it found that the entire DGC Board was suspended for rampant corruption against the public interest.
The NCLAT's order also directed that acceptance of new membership or fee or any enhancement in the fee of wait-list applications be kept on hold till disposal of the company petition before the NCLT.
An administrator from the Ministry of Corporate Affairs (MCA) was appointed to stop the misappropriations and inquire about all the allegations raised against DGC for the final decision of NCLT, it said.
"Two SLPs were filed by the board members challenging the NCLAT Order on grounds that DGC has never done any wrongdoings. It's a different matter that some of them are named in an FIR ordered by Patiala House Court," one board member, on the condition of anonymity, told ANI.
Around 50 per cent of Supreme Court and Delhi High Court judges have cards from Gymkhana. This ensures that the Club rarely gets strict decisions against it.
In 2019, in a similar corruption case, the Club had cast membership aspersions on a High Court judge, as a result of which he had recused from hearing the case, the SLP filed before the Supreme Court said.
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