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Bombay High Court Issued issue notice to NCLAT and Ministry of Corporate Affairs For Bench At Mumbai

Mumbai:Adv. Nicky Pokar had filed a petition on 24th December, 2020, before the Hon. Bombay High Court, seeking directions to National Company Law Appellate Tribunal (NCLAT) for doing away with Physical filing instead enabling e - filing of Appeal and Applications, so that lawyers and litigants outside Delhi aren't in any way disadvantaged. NCLAT on 4th Jan, 2021 enabled e filing but their Standard Operating Procedure in addition to online copy, also sought for mandatory filing of hard copy by the appellant, which according to the petitioner serves no fruitful purpose and otherwise NCLAT by way of exercising power embedded in its rules can dispense with the same, so that additional expenses and inconvenience can be avoided. Ms. Nicky Pokar accordingly made a representation to NCLAT.  The petition before the High Court also sought directions to the Government of India, for establishing a circuit bench of NCLAT in Mumbai, in terms of its assurance before the Supreme Court during the proceedings in Swiss Ribbons case. Though a circuit bench of NCLAT came to be established in Chennai, but more than a year has passed, no circuit bench is established in Mumbai. The matter was listed for today's hearing, Ms. Nicky Pokar was represented by Adv. Prakash Pandya and Adv. Pratik Sarkar, upon hearing the advocates, Bombay High Court was pleased to issue notice to NCLAT and Ministry of Corporate Affairs returnable on 1st February, 2021.


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