Gujarat High Court Issues Notice To Centre On PIL Seeking Establishment Of NCLAT Bench At Ahmedabad

The Gujarat High Court on Wednesday issued a notice to the Central Government on a Public Interest Litigation (PIL) plea filed seeking the establishment of a circuit/regional bench National Company Law Appellate Tribunal (NCLAT) at Ahmedabad as per the Supreme Court's order.

The Bench of Chief Justice Aravind Kumar and Justice Ashutosh J. Shastri was hearing the plea filed by the Ahmedabad National Company Law Tribunal Practitioners Association through its chairman Mihir J. Thakore.

The petitioner placed reliance on the Supreme Court's 2019 Judgment in the case of Swiss Ribbons Pvt. Ltd. & Anr. v. Union of India & Ors , wherein the Apex Court had directed to establish regional benches of the NCLAT at the seat of the High Court within 6 months.

Essentially, in the Swiss Ribbons case, the Attorney General had assured the Apex Court that Circuit Benches of NCLAT shall be established. The Supreme Court had recorded this submission with a direction to comply within six months.

"The learned Attorney General has assured us that this judgment will be followed and Circuit Benches will be established as soon as it is practicable. In this view of the matter, we record this submission and direct the Union of India to set up Circuit Benches of the NCLAT within a period of 6 months from today," the Court had observed in the Swiss Ribbon's Judgment in 25 January, 2019.

In its plea, the Association has contended that the right to access to justice is a fundamental right under the Constitution and as of today, the litigants from Gujarat have to travel to New Delhi for filing appeal before the National Company Law Appellate Tribunal at New Delhi.

Mihir Joshi, Sr. Advocate instructed by Masoom Shah, Advocate appeared for the Association. The Court issued notice to the Central Government and posted the matter for further hearing on February 1, 2022.

Case title - AHMEDABAD NATIONAL COMPANY LAW TRIBUNAL PRACTITIONERS ASSOCIATION v. UNION OF INDIA