The PIL filed by Ahmedabad National Company Law Practitioners Association, highlighted the difficulties faced by litigants who have to travel from Gujarat to New Delhi or Chennai for filing appeals against orders passed by National Company Law Tribunal (NCLT).
“As of today the litigants from Gujarat have to travel to New Delhi for filing an appeal before the NCLATT at New Delhi. Moreover, there are only two benches of NCLAT, one in Delhi and one in Chennai,” the plea said.
A Bench of Chief Justice Aravind Kumar and Justice Ashutosh Shastri issued notice in the matter and posted the case for further hearing on February 1, 2022.
The petition placed reliance on the Supreme Court’s decision inSwiss Ribbons Pvt. Ltd. & Anr. vs. Union of india. in which the top court had directed establishment of regional benches of NCLAT.
“..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 Apex Court had ordered in 2019.
Further, the plea also contended that right to access to justice is fundamental right under the Indian Constitution.
Senior Advocate Mihir Joshi along with advocate Masoom Shah appeared for the petitioner.
Source: Barandbench
