Delhi HC issues notice to NCLAT over physical filing of appeals SOP amid Covid pandemic
By LE Desk
New Delhi, May 22: A plea has been filed before the Delhi High Court by a lawyer regarding the mandatory physical filing of documents in the National Company Law Appellate Tribunal (NCLAT) during the coronavirus pandemic.
While most courts have changed guidelines during the pandemic, with online hearings and e-filing becoming the norm, the NCLAT continues the mandate for filing “hard copy of documents at the filing counter” along with the receipt of the e-filing.
According to the plea, despite the e-filing system being in place, the tribunal’s SOP on mandatory physical filing is forcing people to stand in lines and crowd even during a lockdown and is putting lawyers and their staff at risk of Covid-19, India Today reported.
The lawyer argued that most other forums, including the National Company Law Tribunal (NCLT) in view of the huge surge in the number of Covid-19 cases, “permitted e-filings to be carried out, provided they are accompanied by an undertaking that, if necessary, the parties/litigants shall file hardcopies of the pleadings once the Tribunal resumes physical functioning”.
Taking note of these arguments, the Delhi High Court has issued a notice to the NCLAT asking for an explanation. “I agree with your submissions. This is prima facie unreasonable,” commented Justice Rekha Palli, while issuing notice to the NCLAT administration.
The hearing will take place on May 27.
The Supreme Court as well as the high courts in India have, in the last few years, largely shifted to the online module of working, even before the pandemic, with the notices and orders being sent via email and WhatsApp on urgent matters.
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