Justice Yogesh Khanna Appointed Officiating NCLAT Chairperson: Former Delhi HC Judge to Lead Appellate Tribunal Until Regular Appointment

The Ministry of Corporate Affairs (MCA) has appointed retired Delhi High Court judge Justice Yogesh Khanna as the Officiating Chairperson of the National Company Law Appellate Tribunal (NCLAT) with effect from July 5, 2026, ensuring continuity in the functioning of India’s apex appellate tribunal for corporate and insolvency matters following the retirement of former Chairperson Justice Ashok Bhushan.

The appointment, notified by the MCA on July 8, 2026, will remain effective for three months, or until a regular Chairperson is appointed, or until further orders, whichever is earlier. The appointment has been made under Rule 7 of the Tribunal (Conditions of Service) Rules, 2021, which empowers the Central Government to designate an officiating chairperson whenever the office falls vacant.

Buy Now: Mega Tax-Legal Combo: April 2026 E-Compilation Series

Continuity at India’s Top Corporate Appellate Tribunal

Justice Khanna assumes charge immediately after the completion of the tenure of Justice Ashok Bhushan, who demitted office on July 4, 2026, upon attaining the statutory retirement age of 70 years. As the Officiating Chairperson, Justice Khanna will oversee the functioning of the appellate tribunal, allocate matters to benches, supervise judicial administration, and ensure expeditious disposal of appeals arising under the Companies Act, 2013, the Insolvency and Bankruptcy Code, 2016 (IBC), and the Competition Act.

The appointment comes at a crucial juncture, as the NCLAT continues to hear several high-value insolvency, corporate governance, merger, and competition law disputes that have significant implications for India’s business ecosystem.

Distinguished Academic and Professional Background

Born on December 31, 1961, Justice Yogesh Khanna completed his Bachelor of Commerce (Honours) from the University of Delhi in 1983 before earning his LL.B. from the prestigious Campus Law Centre, Delhi University, in 1986.

He enrolled as an advocate in the same year and commenced legal practice before the District Courts in Delhi, handling a broad spectrum of civil and criminal matters. His early years at the Bar laid the foundation for what would become a distinguished judicial career spanning nearly four decades.

Entry into the Delhi Higher Judicial Service

In 2000, Justice Khanna joined the Delhi Higher Judicial Service (DHJS), marking the beginning of his career on the Bench. Over the following years, he served in various judicial capacities across the capital and earned a reputation for handling sensitive and complex criminal trials with efficiency and judicial discipline.

During his tenure in the district judiciary, he presided over numerous significant cases, the most notable being the trial arising out of the 2012 Delhi gang rape and murder case, popularly known as the Nirbhaya case. Serving as the Additional Sessions Judge, Justice Khanna conducted the trial and, in 2013, awarded the death penalty to the four adult convicts after finding them guilty of offences including rape and murder. The case became one of the most closely watched criminal trials in India’s judicial history and significantly shaped discussions on criminal justice reforms and women’s safety.

Elevation to the Delhi High Court

Recognising his judicial experience and competence, Justice Khanna was elevated as a Permanent Judge of the Delhi High Court on November 8, 2016.

During his tenure at the High Court, he dealt with a wide range of matters involving:

Commercial disputes;
Criminal appeals;
Constitutional questions;
Arbitration matters;
Intellectual property disputes;
Corporate litigation; and
Civil law issues.

His judgments were noted for their emphasis on statutory interpretation, procedural fairness, and balanced application of legal principles. Over the course of his seven-year tenure, he authored several important decisions contributing to the development of commercial and criminal jurisprudence.

Justice Khanna retired from the Delhi High Court on December 30, 2023, upon attaining the age of superannuation.

Transition to the National Company Law Appellate Tribunal

Following his retirement from constitutional courts, Justice Khanna was appointed as a Judicial Member of the National Company Law Appellate Tribunal (NCLAT) on February 19, 2024.

As a Judicial Member, he has been part of benches deciding appeals involving:

Corporate insolvency resolution processes;
Liquidation proceedings;
Oppression and mismanagement disputes;
Mergers and amalgamations;
Company law governance issues; and
Appeals under the Competition Act.

His experience in commercial litigation and judicial administration has made him one of the senior judicial members of the appellate tribunal.

Legal Basis for the Appointment

The appointment has been made in accordance with Rule 7 of the Tribunal (Conditions of Service) Rules, 2021, which authorises the Central Government to appoint an officiating chairperson whenever the office of Chairperson falls vacant.

Justice Khanna’s tenure as Officiating Chairperson will continue until:

a regular Chairperson is appointed;
three months expire from the date of assumption of charge; or
further orders are issued by the Central Government,

whichever occurs first.

The eventual appointment of a permanent Chairperson will be made in accordance with Sections 410 and 413 of the Companies Act, 2013, which govern the constitution and appointment of members and the Chairperson of the NCLAT.

Significance of the Appointment

Justice Yogesh Khanna’s appointment ensures institutional continuity at a time when the NCLAT continues to witness a growing docket of appeals involving insolvency resolution, corporate restructuring, shareholder disputes, and competition law. The tribunal plays a pivotal role in India’s corporate legal framework by hearing appeals from the National Company Law Tribunal (NCLT) and other statutory authorities.

With extensive experience as a trial judge, a High Court judge, and a Judicial Member of the NCLAT, Justice Khanna brings a combination of criminal, constitutional, commercial, and corporate law expertise to the office. His appointment is expected to facilitate uninterrupted adjudication of complex commercial disputes while the process for appointing a regular Chairperson is completed.