NCLAT TO HEAR ONLY “URGENT MATTERS”
BY SUSHMA GOWDA
INTRODUCTION
The National Company Law Appellate Tribunal (NCLAT) is a tribunal formed by the central government of India under Section 410 of the companies act 2013. It consist of 11 members
From 1 June 2016 tribunal is responsible for hearing appeal against any of company law in National Company Law Appellate Tribunal.
As on 2020 National Company Law Appellate Tribunal the Chairperson is Justice Bansi Lal Bhat.
National Company Law Appellate Tribunal is located in New-Delhi.
NCALT also take the cases of IBC Insolvency and Bankruptcy code, 2016 (IBC) and Competition Commission of India (CCI).
NCLAT constituted a Special Bench from March 25th 2020 to 1st April 2020 to solve pending cases. And they adjourned all the scheduled hearing on March they stated that in their previous notice.
As per the latest news National Company Law Tribunal to hear only the urgent matter till April 1 because of Lockdown due to COVID19.
Any Matter is pending after 1 April that case date of hearing will get Extended till the next hearing.
PRECAUTIONARY MEASURES TAKEN BY NATIONAL COMPANY LAW TRIBUNAL.
Premises of the tribunal will be closed including filing counter due to lockdown till next decision by the government except it will be working when the bench necessarily need to give hearing to urgent matters
Closing or shutting down the premises helps to avoid interaction with people which may help to reduce the spread of COVID19 in the society.
NOTICE
As per the notice published in National Company Law Appellate Tribunal All judges and members should stay inside their residence till the next order of court but they should not leave the Headquarter and shall be available at short notices.
INSOLVENCY AND BANKRUPTCY BOARD OF INDIA.
In the case related to insolvency will be heard till 1 pm for the urgent requirement only, filing petition will be kept open till 1 pm for urgent matters.
ONLINE DISPUTE RESOLUTION
In this situation of Lockdown adopting online dispute resolution / alternate dispute resolution and external dispute resolution is cost-effective and time saving procedure. Online dispute resolution is beneficial for issue related to territorial jurisdiction.
Online dispute resolution is more beneficial during period lockdown as in such case parties set meeting online that is through chat room, send evidence through whatsapp or email etc.. and decision will be given within period of 25-30 days from date of its application.
LOCKDOWN AND COVID19
COVID19 is the virus in the other word it is called as coronavirus, it spreads from human interaction. All over the world high alert is been created lockdowns are implemented so that people should maintain social distancing and do self-quarantine during such crisis.
Till date in India about 2547 cases of COVID19 patients are isolated in hospitals and 162 people cured or recovered from virus and about 62 people died from COVID19.
Because of such crisis many industry facing loses, Economy going down because of no growth in the world. Many works got suck which includes litigation works too.
As people should reach court for hearing appeal cases etc.. it become difficult to focus on cases during such period so Online Dispute Resolution is beneficial during such time.
