The Supreme Court on Friday said that National Company Law Appellate Tribunal (NCLAT) and National Company Law Tribunal (NCLT) must start holding hybrid hearings, within a period of four weeks. for the benefit of litigants and members of the bar
A bench of CJI D.Y. Chandrachud and Justices J.B. Pardiwala and Manoj Misra ordered that a joint meeting be convened between President of the NCLAT and officials of Ministry of Finance along with Ministry of Corporate Affairs to sort out all issues, including availability of funds by the Union government.
Likewise, the bench ordered that a meeting will be held by Union government officials with the Chairperson of NCLT to make sure that hybrid hearings are made available in the NCLT at the option of appearing lawyers or litigants.
During the hearing, Additional Solicitor General K.M. Natraj apprised the bench that the NCLAT requires additional funds to set up infrastructure for resumption of virtual hearings.
Noting that the National Consumer Disputes Redressal Commission has filed an affidavit stating that it is holding virtual hearings using video conferencing facilities, he added that he will get instruction in the next two days in relation to the status of hybrid hearings in the Debt Recovery Tribunals, Debt Recovery Appellate Tribunals, Customs Excise and Service Tax Appellate Tribunal, Income Tax Appellate Tribunal and other Tribunals under the various Ministries.
Counsel appearing for the National Green Tribuna) stated that the hybrid hearings are being held by the Tribunal in Delhi and in other regional benches as well.
The top court ordered that a tabular chart will be filed by the ASG indicating the position of hybrid hearings in all of the tribunals falling under various ministries of the Union government before the next date of listing. It also issued notice to Registrar in-charge of Appellate Tribunal for Electricity for continuing virtual hearings and asked the Union government to ensure that hybrid hearings are put in place in APTEL within a period of one month.
Natraj assured the apex court that the Centre will make the necessary budget available needed for upgradation of infrastructure in different tribunals across the country.
On September 15, the Supreme Court had issued notice to Registrar General of all High Courts and other Tribunals after a PIL claimed that hybrid hearings had been completely abandoned post the Covid-19 pandemic.