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The Delhi High Court has observed that the National Company Law Tribunal (NCLT) and National Company Law Appellate Tribunal (NCLAT) must adopt a procedure that is fair and transparent in order to enable advocates to appear before the Courts via video conferencing. 

The Court, while disposing of the petition filed for directing the NCLAT to provide links at any time from the start of Court hours & not merely at the penultimate moment, has observed that NCLT & NCLAT can adopt its procedure in a fair, transparent & non-arbitrary manner to allow those advocates who write an email at least 24 hours in advance to Deputy Registrar of NCLT & NCLAT to join any particular hearing. 

“Forums like the NCLT and NCLAT, which have a high quantum of work, ought to be permitted to regulate their own procedure so long as the same is not arbitrary. In virtual hearings, there is a possibility of enormous disturbance if there is no regulated entry," Single Bench of Justice Pratibha M Singh noted. 

In the present matter, a petition was filed seeking provision of open or virtual links for attending hearings in the NCLT & NCLAT praying for issuance of a writ of mandamus to direct the NCLAT to witness all the proceedings of interest to him by providing links not merely at the penultimate moment but at any time at the start of Court hours. 

The petitioner’s Counsel contended that the NCLT & NCLAT should have open links where interested parties can join the proceedings. The Counsel further argued that since NCLT & NCLAT use the CISCO Webex platform, it should satisfy the definition of an open court. 

On the other hand, ASG Chetan Sharma, Respondent’s Counsel, while placing reliance on the circular dated 6th November 2020 issued by the Supreme Court in respect of links which are being given to counsels submitted that a similar procedure for regulating the virtual hearings is being adopted by the Tribunal & that regulation of links is necessary to regulate the conduct & maintain discipline. The Counsel also informed the Bench about separate “active” & “viewing” links shared with the parties. He also raised concerns of enormous disruption in the hearings when sharing open links as lawyers used the links to mention the matters not listed on the particular date. 

Thus, while disposing of the petition, the Bench directed NCLT and NCLAT to regulate their procedure for virtual hearing platforms so long as it ensured that request for the link by any particular party was considered in a fair, transparent and non-arbitrary manner. Further, the Bench also directed that, 

“Those parties who join the proceedings to view them are expected to maintain the discipline of virtual hearing and not cause unnecessary disturbance during the same.”

Case Title: Deepak Khosla v. NCLAT

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