Bombay High Court disposes PIL seeking establishment of circuit bench of National Company Law Appellate Tribunal

The Bombay High Court disposed of a Public Interest Litigation (PIL) filed seeking directions to establish circuit bench of the National Company Law Appellate Tribunal (NCLAT).

The PIL filed by one Nicky Pokar further prayed –

-directions for activating and enabling the e-filing; and

-to have NCLAT proceedings through online/virtual mode as a permanent feature.

The Public Interest Litigation was filed on 21 December 2020 and is pending. The Counsel for the Petitioner states that e-filing has been initiated in the NCLAT and states that this prayer is worked out.

As regards the directions for establishing circuit bench, the Counsel states that proceedings will be taken out in the appropriate Court. Therefore, the Counsel restricts the Petition to the prayer regarding online/virtual mode of hearing in NCLAT on a permanent basis. The Counsel for the Petitioner states that on 21 December 2020, online/virtual mode was provided for during the Covid-19 Pandemic, and then it was discontinued.

Before the Division Bench of Acting Chief Justice Nitin Jamdar and Arif S. Doctor considered the directions as sought for, it must be first established that the NCLAT has taken a decision not to provide online/virtual/hybrid mode. The Counsel for the Petitioner admits that the Petitioner has not made any representation or request to the Registry of the NCLAT to provide online/virtual/hybrid mode on a permanent basis.

“Since this request is not yet made, we cannot proceed on the basis that it is refused. “

Leaving it open to the Petitioner to make a representation/request to the Registry of the NCLAT, the Bench disposed of the Public Interest Litigation.

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