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The plea sought establishment of NCLAT in Mumbai alleging that advocates are facing difficulties in filling appeals against the orders of NCLT, Mumbai.
The Union of India on Monday sought time to file reply before the Bombay High Court in a Public Interest Litigation filed seeking establishment of a National Company Law Appellate Tribunal in Mumbai.
A division bench of Acting Chief Justice SV Gangapurwala and Justice Sandeep Marne was hearing a plea filed by Mumbai Lawyer Nicky Pokar through Advocate Pratik Sarkar seeking the establishment of NCLAT in Mumbai.
Advocate Pratik Sarkar informed the court that the appellant bench in Delhi does not have virtual hearings. He further told the court that there was an option of e-filing available on the website of NCLAT but after he inquired with the authorities, he was informed that documents would be verified only after filing the hard copies.
The counsel for the Union of India submitted that a NCLAT bench at Chennai had been established and sought time to file a reply in the present PIL.
The plea stated that the then Attorney General KK Venugopal had assured the court that the directions in Madras Bar Association will be followed, and that circuit benches of NCLAT will be established.
"That respondent 1/Uol, during the proceedings in Swiss Ribbons (2019) 4 SCC 17 was directed within 6 months for establishing of National Company Law Appellate Tribunal' circuit benches outside Delhi, which is yet to be complied with, causing immense hardship to advocates/litigants alike who're stationed outside New Delhi." the plea read.
The plea which was filed in 2020 stated that the advocates outside Delhi are facing difficulties due to the mandatory filling of hard copies.
"That NCLAT/respondent 2 is having its location only in New Delhi, and its Operating Procedure mandates filing of physical/hard copies of Appeal/IA's etc...thus causing difficulty for Advocates/Petitioner who are outside Delhi; given the current pandemic condition, axiomatic to state given 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 plea stated.
The high court on Monday granted time to the Union of India to file reply and kept the matter for further hearing on 27 June 2022.
Case Title: Nicky Pokar vs UOI
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