NCLAT resumes virtual hearings following SC order, provides guidelines for lawyers

NCLAT to begin virtual hearings soon

The National Company Law Appellate Tribunal (NCLAT) is expected to recommence virtual hearings after a hiatus of 1.5 years, as it has issued instructions to lawyers and litigants to join video conferencing.

According to the instructions booklet, "for the present, the matters shall be heard by NCLAT through the web-based video-conferencing system on the ‘CISCO Webex Meeting’ platform." The instructions also contain the procedure to join virtual hearings, along with device specifications and dress code.

NCLAT is the appellate tribunal for hearing cases related to the Insolvency and Bankruptcy Code (IBC), the Companies Act, and competition law.

Virtual court hearings resumed after the Supreme Court passed an order on October 6 directing the central government to provide the requisite infrastructure to all the tribunals for hybrid hearings by November 15.

The apex court had also directed all the tribunals to ensure the commencement of hybrid hearings no later than November 15. The tribunals have also been directed to publish the links for virtual hearings in the cause list (list of cases for the day) to ensure access for all.

The SC's order noted that "technology plays an essential role in securing access to courtrooms and, as a result, access to justice for citizens across the country. Lawyers and litigants using electronic gadgets to access files and legal materials cannot be asked to turn the clock back and only refer to paper books. In the march of technology, the Courts cannot remain tech-averse."

The NCLAT, situated in Chennai and Delhi, permits virtual hearings in Chennai alone. The NCLAT bench in Delhi discontinued virtual hearings from March 2022, after the third wave of the pandemic. However, the National Company Law Tribunal (NCLT) continued to offer virtual hearings.

This led to the Bombay Bar Association (BBA) moving a plea in the apex court asking for a bench of NCLAT to be set up in Mumbai. They contended that the appellate tribunal in Delhi allowed virtual hearings until early 2022 but had since scrapped it, making it difficult for lawyers from the western part of the country to appear in court.

"Litigants of the Western Region of India, including but not limited to the State of Maharashtra, do suffer significant inconvenience and prejudice. Presently, there is no bench of the NCLAT established in Mumbai for the western region of India."