Petition in Bombay HC for establishment of NCLAT Bench at Mumbai

Petition in Bombay HC for establishment of NCLAT Bench at Mumbai

Mumbai based lawyer, advocate Nicky Pokar has filed a petition before the Bombay High Court urging the Court to issue directions for establishment of benches of the National Company Law Appellate Tribunal (NCLAT) at various locations including Mumbai.

The petitioner has relied on the submission of Attorney General KK Venugopal in the Supreme Court in the case of Swiss Ribbons (P) Ltd. v. Union of India. During the hearing in that case, the Court noted the submission of the AG who assured the Court that the directions in another judgment of Madras Bar Association will be followed, and that circuit Benches of NCLAT will be established.

The petitioner pointed out what the Supreme Court had said in the Swiss Ribbons case. The Apex Court had said that, "The learned Attorney General has assured us that this judgment will be followed and Circuit Benches will be established as soon as it is practicable. In this view of the matter, we record this submission and direct the Union of India to set up circuit benches of NCLAT within a period of six months from today."

While the plea has sought activation of e-filing tab of NCLAT including provisions for payment of e-filing of fees and dispensing with physical filing, it also pointed out that despite an e-filing training program in November, 2020, the date of e-filing in NCLAT has not been facilitated yet.

According to the plea, considering the current pandemic condition and the poor financial health of a large section of the public coupled with travel and other restrictions, difficulties are aggravated - seeking speedy & cost effective justice is the casualty in corollary.

The petitioner has sought the Court's intervention on the ground that in light of the present situation, litigants and advocates were at a distinct disadvantage.

Recently, a petition was filed before the Supreme Court seeking seeking a direction to make the Chennai Bench of NCLAT functional National Company Law Appellate Tribunal (NCLAT).

A similar petition is also pending before the Madras High Court.