In order to prevent the transmission of COVID-19, The National Company Law Appellate (NCLAT) has decided that all urgent cases will be heard through video conferencing mode from 1st June, 2020. The following details are to be kept in mind:
● The mentioning application shall be submitted only by e-mail at the email address [email protected] . If application is allowed, the Learned Advocate/Authorized Representative /Party-in-Person shall file the Appeal/Interlocutory application in hard copy as per NCLAT Rules.
● After curing all the defects, the cases would be enlisted in the cause list to be published on the NCLAT website (www.nclat.nic.in). The court fee shall be paid through Bharat Kosh (https://bharatkosh.gov.in).
● The mentioning application must inter-alia clearly contain the case-details (Diary No., date of filing, cause title, appeal details etc.)
● The application must also contain a separate paragraph giving consent for taking up the matter through virtual mode.
● Advocate/Authorised Representative/Party-in-Person must also specify if she/he would be using a mobile phone, laptop or a desktop to connect to the Tribunal.
● The parties shall not be permitted to rely upon any document other than the documents duly filed along with the Appeal/Interlocutory application in conformity with the NCLAT Rules.
INSTRUCTIONS FOR JOINING VIDEO CONFERENCING
● The matters shall be heard by the Hon'ble Bench through a web-based video-conferencing system on the 'VIDYO' platform hosted on the servers of National Data Centre of National Informatics Centre, Govt. of India.
● To join video conferencing on VIDYO platform, parties are required to download VIDYO DESKTOP application from the site http://webvc.nic.in on their laptop ,or desktop or download its mobile application for mobile phones.
● Link to enable the Learned Advocate/ Representative/Party-in Person will be shared half an hour before the scheduled hearing via email/SMS/WhatsApp . Link will be unique and should not be shared with anyone.
● The party would join other parties in a virtual waiting room through the provided link, and would be required to wait patiently for being joined to the virtual Courtroom for their respective hearing.
● The standard rule about one person speaking at a time in VC shall have to be followed and all the parties shall be given a chance, in turns, to present their case by the Hon'ble Bench.
● Upon being joined to the virtual Court-room, arguing counsel shall introduce himself to the Hon'ble Bench and may make submissions and on completion of the submissions, shall at once 'mute' the MIC of the device.
● It is important for the parties to remember to keep their MIC on 'mute' at all times, except when the Hon'ble Bench requires them to make submission(s).
● It may be noted that simultaneous submissions by more than one party at any given time should be avoided and each party may indicate requirement to speak/submit by asking for permission from Hon'ble Bench, by raising a hand.
● They must not resort to any indecorous conduct. It is directed that the advocates may wear "plain white-shirt/white-salwar-kameez/ white saree, with a plain white neck band" during the hearings before the NCLAT through virtual hearing.
● Parties are required to ensure that the proceedings by video conference are neither recorded/stored nor broadcast.
● Parties are required to stay online till the Hon'ble Bench concludes the hearing of their matter.
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