Centre Granted Time To Respond To Plea Seeking NCLAT Circuit In Mumbai

The Centre has been given time to file a detailed response to a Public Interest Litigation (PIL) filed before the Bombay High Court seeking the creation of a National Company Law Appellate Tribunal (NCLAT) in Mumbai.

A bench of Acting Chief Justice SV Gangapurwala and Justice Sandeep Marne on Monday heard a petition filed by Mumbai-based lawyer Nicky Pokar through Advocate Pratik Sarkar seeking the creation of NCLAT in Mumbai.

Previously, the Supreme Court had ordered the Centre through the Ministry of Corporate Affairs, to establish NCLAT circuit benches outside of Delhi.

Advocate Pratik Sarkar informed the court yesterday that virtual hearings are not held at the appellant bench in Delhi. He contended that while e-filing option was available on the NCLAT website, documents would be verified until the hard copies were filed.

In response, the lawyer appearing for the Centre, stated that while an NCLAT bench had been established in Chennai, he would have to receive orders for Mumbai.

According to the PIL, former Attorney General KK Venugopal had assured the Supreme Court during the hearing of a plea that the directives in the Madras Bar Association would be followed, and that circuit benches of NCLAT would be established in every state.

The petition stated that the Centre was ordered to establish NCLAT circuit benches outside of Delhi within six months, which has yet to be fulfilled, creating enormous hardship to counsel and litigants stationed outside of New Delhi.

The Bombay High Court granted the Centre time to file a detailed response and scheduled the case for further hearing on June 27, 2023.

 

Isha Das

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