NCLAT is free to regulate its procedure under IBC: Delhi High Court

  • Pankaj Bajpai
  • 02:30 PM, 16 Apr 2021

The Delhi High Court ruled that there was no infirmity in the NCLAT directing the filing of written submissions and judgments by the parties.

The Single Bench of Justice Pratibha M. Singh observed that NCLAT being the duly constituted Appellate Tribunal, under the IBC, is free to regulate its procedure and the manner in which it wishes to hear matters, including issuing of directions for filing of written submissions and judgments. 

The Court said that the procedural issues are to be regulated by the NCLAT on its own and it would not be appropriate for the High Court to interfere with the same.

“The manner in which the Petitioner seems to be making repeated representations and submissions before the NCLAT clearly showed that he was not bonafide in his conduct. Even on an earlier occasion, the same Petitioner had filed a petition, using slang language, which was dismissed by this Court, vide order dated Feb 26, 2021 in CM(M) 165/2021 titled GP Capt Atul Jain v. NCLAT”, said the Court.

Thus, Justice Gupta held that, in proceedings before any Court or Forum, when there were complex issues involved, in order to facilitate the adjudication and to crystallize the issues, it would be usual for the Courts and Tribunals to direct the filing of written submissions.

Case title: Atul Jain vs NCLAT [W.P.(C) 4338/2021 & CM APPL. 13253/2021]