Why Full Time Members Not Posted At NCLT Indore Since 2017? MP High Court Seeks Centre's Stand

In a plea seeking establishment of a permanent bench of the National Company Law Tribunal (NCLT) at Indore, the Madhya Pradesh High Court has sought response from the Union government as to why at least two members are not being posted at NCLT Bench Indore permanently.The Court also warned that if a satisfactory reply is not given then the Court may pass a judicial order or writ.A division bench of Justice Vivek Rusia and Justice Gajendra Singh observed, “Shri Himanshu Joshi, Deputy Solicitor General, for the respondent No.1/UOI is directed to obtain instructions from Hon'ble President NCLT and Principal Secretary of Ministry of Law & Justice, Delhi and Principal Secretary of Ministry of Corporate Affairs (respondent No.2 & 3) as to why at least two members at NCLT Delhi or NCLT Mumbai are not being posted at NCLT Bench Indore, permanently. It is made clear that if satisfactory reply is not given then this Court may pass a judicial order/writ.”The plea filed by High Court Bar Association was hearing a 2017 petition, wherein the petitioner body contended that though the bench was established in January 2017, however, till date "no regular full time members have been posted at Indore".By way of a temporary arrangement, the Division Bench of NCLT, Ahmedabad takes up the matters of Indore Bench online in the second half of the day through Video conferencing, it was said. The petitioner by way of application has sought direction to the respondents to make National Company Law Tribunal, Indore Bench fully functional independently. The petitioner has also filed the status of all the NCLT Benches as on March 7. The counsel for the petitioner pointed out that at the Principal Bench of NCLT at Delhi, there are 6 Division Benches functioning. However, Division Bench No. 6 has been functioning without a Court room since 2019.Further, at Kolkata bench of NCLT, no courtroom is available for the bench for Court No. 3. At Mumbai Bench of NCLT, there are 7 permanent Division Benches, out of which 6 are having Court rooms, but there is no Court room available for Division Bench No. 7. Therefore, it was suggested that out of these members who do not have a Court rooms in their respective Bench, the President of Principal Bench NCLT may post two members at Indore, NCLT Bench to make it fully functional.The counsel for the petitioner further informed the Court that High Court Bar Association had made representation and personally mailed the President. However, the same has not been decided, till date.“It is correct that at least two Hon'ble members who have no court room can be posted at NCLT Bench at Indore,” the Court noted. Asking the Deputy Solicitor General to obtain instructions as to why at least two members at NCLT Delhi or NCLT Mumbai are not being posted at NCLT Bench Indore permanently, the court listed the matter on May 13.Case Title: High Court Bar Association Vs Union Of India And Others, Writ Petition No. 3929 Of 2017Click Here To Read/Download Order

Why Full Time Members Not Posted At NCLT Indore Since 2017? MP High Court Seeks Centre's Stand

Anukriti Mishra

Tags