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Synopsis

A division bench of the Bombay High Court, presided over by Acting Chief Justice Nitin Jamdar and Justice Arif Doctor, issued a notice on Wednesday to the Registrar of the Debt Recovery Tribunal in plea seeking video conferencing facilities in the Debt Recovery Tribunal.

The high court was addressing a plea filed by Advocate Mathew Nedumbara, who sought video conferencing hearings in the high court, debt recovery tribunals, and all district courts throughout Maharashtra.

The bench, led by Acting Chief Justice Nitin Jamdar, personally advised the petitioner to restrict the plea to the debt recovery tribunal. This recommendation was made in light of ongoing administrative efforts to facilitate video conferencing facilities.

"We asked you to restrict the plea to DRT's. As regards issues of High Court and district courts, initiatives have been taken. Work for district court is going on. District courts are taking efforts, judicial orders were passed. We do not need to take efforts on the judicial side when all efforts are being taken on the administrative side," the court said.

As a result, the court proceeded to issue a notice to the Registrar of the debt recovery tribunal, directing the registrar to provide details regarding the measures taken to implement video conferencing facilities.

The plea argues that the absence of video conferencing facilities constitutes a violation of fundamental rights.

"The instant petition is one instituted by the Petitioner for the enforcement of his fundamental and legal rights, and it certainly involves the violation of similar rights of all lawyers and litigants," the plea reads 

The plea quotes Shakespeare and states that virtual court has become the reality and there is no going back.

"It cannot be denied that the Covid pandemic which led to the disruption of normal life and made the functioning of the institution of judiciary a near impossibility, indeed acted as a catalyst in the introduction of virtual court proceedings. A necessity became a virtue. 'Sweet are the uses of adversity, said Shakespeare, Now, virtual court has become a reality. There can be no going back, such are its advantages, which no one can dispute," the plea states.

Significantly, following the onset of the pandemic, the division bench of the Bombay High Court, led by Justice GS Patel, has emerged as the sole court in the high court system that offers hybrid hearings to lawyers, litigants, and the media reporters.

Case title: Mathew Nedumbara vs High Court of Bombay