Justice Ashok Bhushan Concludes Tenure as NCLAT Chairperson

Justice Ashok Bhushan has officially stepped down from his role as the Chairperson of the National Company Law Appellate Tribunal (NCLAT) after a distinguished tenure that spanned nearly five years. Initially appointed as Chairperson on November 8, 2021, Justice Bhushan’s leadership was marked by his handling of pivotal cases concerning corporate law, insolvency, and competition regulations.

Justice Bhushan’s initial term was set for four years, and he was re-appointed in 2025. His tenure was slated to continue until he reached the age of 70 on July 4, 2026. Born on July 5, 1956, in Jaunpur, Uttar Pradesh, Justice Bhushan has an esteemed academic background, having graduated in Arts in 1975, followed by a law degree with First Division from Allahabad University in 1979.

Following his admission to the Bar Council of Uttar Pradesh on April 6, 1979, he began his legal practice in civil and original matters before the Allahabad High Court. His legal acumen soon saw him serving as standing counsel for various prestigious institutions, including Allahabad University and the State Mineral Development Corporation Limited. His contributions to the legal community were further recognized when he was elected as the Senior Vice-President of the Allahabad High Court Bar Association.

Justice Bhushan’s judicial career saw significant milestones, beginning with his elevation as a permanent judge of the Allahabad High Court on April 24, 2001. His judicial journey continued at the Kerala High Court, where he was sworn in as a judge on July 10, 2014, subsequently becoming the Acting Chief Justice on August 1, 2014, and the Chief Justice on March 26, 2015. On May 13, 2016, he was elevated to the Supreme Court of India, where he served until his retirement on July 4, 2021.

During his tenure at the NCLAT, Justice Bhushan presided over numerous landmark cases. In the Google Android case, the tribunal concluded that Google’s practice of bundling its proprietary apps with the Play Store constituted an abuse of dominance, infringing the Competition Act. Similarly, in the Google Play Store billing case, the tribunal found that Google’s dominant position in the app store ecosystem was used to unduly promote its own payment system, a violation of Section 4 of the Competition Act. Furthermore, the tribunal ruled that penalties should be based on relevant turnover rather than total turnover.

In the WhatsApp-Meta case, the NCLAT upheld the Competition Commission of India’s (CCI) findings on competition concerns arising from WhatsApp’s 2021 privacy policy, although it modified certain directions on data sharing. Justice Bhushan’s benches also contributed significantly to the interpretation of the Insolvency and Bankruptcy Code (IBC). In the case of Union Bank of India v Dinkar T Venkatasubramanian, a five-member bench ruled that the NCLAT cannot review its judgments, except in limited procedural or sufficient cause circumstances.

In Go First’s insolvency case, the tribunal upheld the voluntary insolvency plea’s maintainability under Section 10 of the IBC, despite objections from aircraft lessors. Additionally, in Puneet Kaur v K V Developers, the NCLAT ruled that homebuyer claims must be acknowledged in the corporate debtor’s records, even if filed late, and should be addressed in the Information Memorandum before the final approval of the resolution plan.