Dismissed

Ca.v.Venkata Sivakumar v. The Honourable Registrar

Madras HC27 Jul 2021WP/8170/2021

Case brief

AI extract

What is this about?

Petitioner challenged an order transferring pending matters from NCLAT Chennai Bench to the Principal Bench. The Court noted the transfer had already occurred, disposed of the writ petition without costs, and closed the connected matter. The Court directed the Union to expedite digitisation.

What did the court decide?

No order as to costs. W.P. disposed and W.M.P. closed. Direction issued to Union for digitisation and e-filing.

Ca.v.Venkata Sivakumar Vs The Honourable Registrar — Madras HC (2021) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 27.07.2021

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CORAM :

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THE HON'BLE MR.SANJIB BANERJEE, CHIEF JUSTICE

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AND

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THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY

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W.P.No.8170 of 2021 and W.M.P.No.8721 of 2021

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CA V. Venkata Siva Kumar .. Petitioner

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Vs.

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1.The Hon'ble Registrar, Hon'ble NCLAT, 3^rd Floor, Deen Dayal Antyodaya Bhawan, CGO Complex, Lodhi Road, New Delhi 110 003.

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2.The Union of India,

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rep. by Hon'ble Secretary, Ministry of Corporate Affairs (MCA), Garage No.14, "A" Wing, Shastri Bhawan, Rajendra Prasad Road, New Delhi 110 001.

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3.The Union of India,

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Rep. by The Hon'ble Secretary, Ministry of Finance (MOF), North Block, New Delhi 110 001. .. Respondents

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Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Declaration declaring the order S.O.No.01 dated 11.01.2021 issued by the 1^st respondent so far as it concerns Para 2/Second part namely It is also ordered that until further order, only new cases would be filed and entertained in the NCLAT Chennai Bench. The old cases already filed or pending or as may be filed till the date of operationalization of the NCLAT Chennai Bench shall be heard and decided by the Principal Bench, NCLAT New Delhi declaring it as improper exercise of discretion and ultra vires to the constitution and alternatively pass the following directions "new cases would be filed and all the pending cases coming under the jurisdiction of NCLAT Chennai Bench will be transferred from the Principal Bench and entertained in the NCLAT Chennai Bench.

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https://hcservices.ecourts.gov.in/hcservices/

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For Petitioner : Mr.CA.V.Venkata Siva Kumar Party-in-person For Respondents : Mrs.V.Sudha for RR 1 to 3 : Mr.P.H.Aravindh Pandian Senior Counsel for Intervenor

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ORDER

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(Made by the Hon'ble Chief Justice)

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On behalf of the respondents, an order dated July 17, 2021 issued by the National Company Law Appellate Tribunal, Principal Bench has been filed which reveals that all pending appeals, interim applications and other matters at the Principal Bench arising from the jurisdiction of the Chennai Bench stand transferred and will be taken up and heard before the Chennai Bench.

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In such view of the matter, the petitioner's grievance appears to have been taken care of. On behalf of the Corporate, Insolvency and Bankruptcy Laws Bar Association, Mr.Aravindh Pandian submits that the previous order of this Court of April 21, 2021 refers to digitisation being undertaken by the NCLAT and the Union should be encouraged to ensure that a newly formed tribunal as the NCLAT does not add to any backlog because of the voluminous papers that it handles.

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Accordingly, the Union is requested to ensure that the digitisation work of the files already physically received by the Benches of the NCLAT be completed as expeditiously as possible and the system of e-filing be explored and put in place so that the system can be more efficient. Other grievances are made to the effect that in some cases new applications are not being entertained on the ground that there is substantial pendency. There is no doubt that urgent matters may require the immediate attention of the tribunal and the previous pendency should not prejudice the next urgent matter which may be brought before the tribunal.

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W.P.No.8170 of 2021 is disposed of. There will be no order as to costs. Consequently, W.M.P.No.8721 of 2021 is closed.

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Sd/Assistant Registrar(CO)

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//True Copy//

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Sub Assistant Registrar

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sra

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https://hcservices.ecourts.gov.in/hcservices/

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To:

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1.The Registrar,

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Hon'ble NCLAT, 3^rd Floor, Deen Dayal Antyodaya Bhawan, CGO Complex, Lodhi Road, New Delhi 110 003.

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2.The Secretary to Union of India, Ministry of Corporate Affairs (MCA),

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Garage No.14, "A" Wing, Shastri Bhawan, Rajendra Prasad Road,

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New Delhi 110 001.

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3.The Secretary to Union of India, Ministry of Finance (MOF), North Block, New Delhi 110 001.

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+1cc to M/s.V.Sudha,Advocate, SR No.35874

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W.P.No.8170 of 2021

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JPL(CO) B.VC (02/08/2021)

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https://hcservices.ecourts.gov.in/hcservices/

Ca.v.Venkata Sivakumar v. The Honourable Registrar

Case brief

What is this about?

What did the court decide?

Ca.v.Venkata Sivakumar v. The Honourable Registrar

Case brief

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What did the court decide?

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