On Wednesday, the Allahabad High Court issued notices in a Public Interest Litigation filed by Company Law Tribunal Bar Association, seeking establishment of National Company Law Appellate Tribunal at Prayagraj.
A Bench of Hon’ble Justice Sanjay Yadav and Hon’ble Justice Jayant Banerji has granted time to the Government to file its response within 4 weeks.
At present there are only two benches of NCLAT i.e. Principal Bench at New Delhi and a Circuit Bench at Chennai. It has been pleaded in PIL that the Principal Bench of Delhi is overburdened with the cases from all over the country, due to which the litigant is suffering.
The Plea further states that the former Chairperson of NCLAT has also shown inclination towards establishing a Regional Bench at Prayagraj, so that the litigant of northern part of India can have easy access to Justice.
Further reliance has been placed upon the Judgment of Supreme Court in the case of Swiss Ribbons Pvt. Ltd. vs Union of India and Ors. reported in (2019) 4 SCC 1726,, where the Attorney General assured the Supreme Court that circuit/regional benches of NCLAT will be established. On this assurance, the Supreme Court directed to complete the exercise within 6 months.
Now the matter has been fixed for 22.03.2021