Delhi High Court Issues Notice In Plea Seeking Modification Of NCLAT's SOP By Allowing Only E-Filing In View Of Second Covid Wave

The Delhi High Court on Thursday issued notice in a plea seeking directions on the National Company Law Appellate Tribunal (NCLAT Principal Bench at Delhi) to modify its SOP dated January 3, 2021 by allowing only electronic filing in view of the prevalent situation amid second Covid wave.

A single judge bench comprising of Justice Rekha Palli issued notice in the plea filed by Advocate Nitya Sharma praying to keep the mandatory direction of manual filing in abeyance in view of this pandemic situation.

The impugned SOP issued by the NCLAT read thus:

"that it may be noted that it is mandatory that Ld. Advocates/ Parties-in-Person shall file the Appeal/ Interlocutory Applications/ Reply/ Rejoinder etc. in hard copy also as per the procedure prescribed in NCLAT Rules, 2016 along with the e-filing receipt."

Stating that the current pandemic situation has disrupted the justice system like never before, the Plea states thus:

"In order to file a complete set of appeal/Interlocutory application etc at the counter, the aggrieved person have to make paper book which includes photocopy, binding, etc. In order to do this drill, the aggrieved person have to get in touch with so many people knowingly that it will put his life in danger in the present situation, but, left with no other option, aggrieved person have to do the same if he wants his case to be listed before the Hon'ble NCLAT( Principal Bench Delhi) in view of their standard operating procedures."

In view of this, the plea also highlights that the nature of Covid 19 virus is such that it is not only dangerous for the person who is stepping out but also dangerous for the ones who are inside their house including old parents/children/spouse, as it can spread easily at a great speed.

"It is also pertinent to mention that even presuming that the petitioner or anybody else succeed in doing the above drill safely then also the same is required to be filed on filing counters, thereafter the registry scrutinize and if they find the same in order, then they list the same before the court and if by any chance they find any deficiency therein the same will be returned for removing objection, the important factor to consider in the above stated process is ―human touch‖ which is the dangerous aspect." The plea reads.

The plea states the following prayers:

- Issue a Writ order or direction in the nature of mandamus directing the respondent to modify their revised standard operating procedure dated 03.01.2021 by allowing only E-filing in view of the current situation.

- Pass any other and further order as this Hon'ble Court may deem fit, just and proper in the facts and circumstances of the case.

Title: Nitya Sharma v. NCLAT

Click Here To Read Order