Bombay High Court Issues Notice On Plea For Directions To NCLAT For Enabling E-Filing & Doing Away With Physical Filing

Division bench of Justice AA Sayed and Justice Madhav Jamdar made the notice returnable on February 1, 2021.

Court was hearing the petition filed by Advocate Nicky Pokar, who has also sought directions to the Government of India, for establishing a circuit bench of NCLAT in Mumbai, in terms of the Government's assurance before the Supreme Court during the proceedings in Swiss Ribbons case.

Although 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 petition argues.

According to the petitioner, the NCLAT on January 4, 2021 enabled e-filing, however the Standard Operating Procedure seeks mandatory filing of hard copy by the appellant in addition to the online copy, which serves no fruitful purpose.

"The NCLAT by way of exercising power embedded in its rules can dispense with the said mandatory requirement of filing hard copy so that that additional expenses and inconvenience can be avoided", the petitioner advocate made a representation to NCLAT.

In the Swiss Ribbons Vs Union Of India, the Court noted the submission of Attorney General KK Venugopal, who had assured that the directions in another judgment of the apex court in Madras Bar Association vs Union Of India will be followed, and that circuit Benches of NCLAT will be established.

Advocates Prakash Pandya and Pratik Sarkar appeared on behalf of the petitioner.

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