Gujarat High Court Passes Interim Order Asking NCLT Ahmedabad To Permit Restricted Use Of Electronic Devices By Lawyers Before It

Justice Vaibhavi D Nanavati observed, "The respondent No.1 may put reasonable restrictions which resultantly would not disturb the Court proceedings. An absolute restriction on use of mobile phones and other electronic devices be modified in an appropriate manner considering the spirit and the order passed by the Hon'ble Apex Court, as also the directions issued from time to time, to be technologically adept and to see to it that the advocates, litigants and the Courts are technologically adept,.”

The above development came in a writ petition seeking directions to the NCLT Bench to permit use of electronic devices in line of the directions issued by the Supreme Court in Sarvesh Mathur v. The Registrar General, Punjab and Haryana High Court.

Senior counsel, Percy Kavina appearing on behalf of the petitioner, had requested the Court to grant him urgent hearing of the matter as the work of the lawyers has come to a standstill due to this order.

“The order is posted on the notice board, the petition is to challenge the order. Work of many lawyers has come to a standstill. Many of us don't even have a hard copy (of the petition),” said the senior counsel, acceding to which, Justice Nanavati posted the matter for hearing on Tuesday

Senior Counsel Kavina submitted that the Court may exercise the extraordinary jurisdiction under Article 226 of the Constitution of India, directing NCLT to permit the use of electronic devices such as Mobile Phone, Laptop,Tablet/ note-book, etc. for hearings/ proceedings in line of the directions issued by the Supreme Court, in the case of Sarvesh Mathur v. The Registrar General, Punjab and Haryana High Court in W.P. (Cri.) No. 351/2023 2023 LiveLaw (SC) 871.

It was pointed out by Kavina that NCLT posted a notice outside the courtroom prohibiting use of mobile phones and other electronic devices.

Kavina also submitted that this is the age when both Bar and Bench require the use of electronic gadgets, and such notice adversely affects the working.

"By way of ad-interim relief, the NCLT, Ahmedabad to permit the use of electronic devices such as Laptop, Tablet- Note-book, subject to further orders that maybe passed by this Court," the Court directed.

Case Title: NIPUN PRAVEEN SINGHVI Versus NATIONAL COMPANY LAW TRIBUNAL

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