Delhi HC issues notice to NCLAT on revised SOP issue
May 21, 2021
New Delhi [India], May 21 : The Delhi High Court has issued notice to the Registrar of National Company Law Appellate Tribunal (NCLAT) on a plea seeking direction to respondents to modify their revised standard operating procedure (SOP) dated January 1 by allowing only E-filings in view of the current situation.
A Bench of Justice Rekha Palli on Thursday while issuing notice to the Registrar of NCLAT said, "I find prima facie merit in the submissions of the petitioner, since none appears on behalf of the respondent, no orders in this regard are being passed at this stage."
The Court listed the matter for May 27 for further hearing.
The petitioner Nitya Sharma, Advocate in person, submitted that the said SOP makes it mandatory that at the time of filing, along with the e-filing receipt, a hard copy of the pleadings be filed manually at the NCLAT filing counter.
The court noted that the petitioner submitted that since the NCLAT, by way of the revised SOP, is insisting that hard copies of pleadings be filed, lawyers/litigants are being forced to personally visit the Registry of the Tribunal and expose themselves to the risk of contracting COVID-19 and prayed that direction be issued to the NCLAT to dispense with the requirement of submitting hard copies of pleadings at the time of filing, in order to accommodate the exigencies of the pandemic.
The petitioner lawyer further submitted that in view of the current pandemic situation, when every authority vis-a-vis administrative/ judicial etc are on their toes round the clock to ensure well being of the citizens of this country therefore in view of the above, the petitioner is only seeking court indulgence to the extent that they may please to direct the respondent to allow only E-filing and keep the manual filing on hold for the time being.
The plea stated that the outcome of this pandemic has become more serious in view of the shortage of infrastructure and resources.
That as the entire nation is battling with a pandemic that has created a warlike situation and it is imperative to beseech the indulgence of this Hon'ble court for timely direction to the respondent for allowing the complete filing through the Online mode i.e. E-filing for the time being in view of this pandemic, the petitioner said.
