Delhi High Court asks MCA, MHA, NCLT, Bar Association to find solution to ease entry into NCLT building

The Delhi High Court recently directed representatives of the Union Ministry of Home Affairs (MHA), the National Company Law Tribunal (NCLT) staff and NCLT Bar Association members to collectively arrive at a solution to ease entry into the NCLT Delhi building [NCLT Bar Association thr its Secretary General v. Union of India and Ors].

The Court has also directed the Union Ministry of Corporate Affairs to formulate a long term solution on the issue. The Court was hearing an application filed by the Staff Selection Commission raising concern that its employees have difficulty accessing the NCLT building lift.  

In its earlier order passed on October 17, the Court had allowed lawyers holding passes issued by the MHA and daily entry pass holders to enter the building by gate 2 and access the building lift to the first floor. 

The Division Bench of Chief Justice DK Upadhyaya and Justice Tushar Rao Gedela observed that such issues need not be decided by the Court. It thus directed,

“Such issues, in our opinion need not engage the Court’s attention; rather it is the responsibility and duty of the officer/ official concerned who is otherwise responsible for regulating the access and exit of the building in question. In the aforesaid view of the matter, we require the Commandant of the Secretariat Security Force or any other responsible officer of the Ministry of Home Affairs to hold a meeting to be attended by the Registrar or any other responsible officer of the NCLT and the representatives of the Bar Association today itself during the lunch hours and find a solution,” the Court directed in the order passed on November 13.

The Court stated that it hopes and expects for a balanced solution to ease the entry of lawyers into the NCLT court rooms and concerns of the Staff Selection Commission. 

"For finding out a long-term solution, it was informed to the Court, which stands recorded in our order dated 17.10.2025 that the Bar Association has made a representation on 04.09.2025 to the Ministry of Corporate Affairs and, accordingly, we direct that an appropriate and a well considered decision shall be taken on the said representation within eight weeks from today."

The meeting shall also be attended to by the President, NCLT and any other stakeholder in the matter, the Court said.

Senior Advocates P Nagesh and Shikhil Suri with Advocates Saurabh Kalia, Rakesh Wadhwa, S Shishir and Ishwar Mohapatra appeared for NCLT Bar Association.

Advocate Shiva Lakshmi and Madhav Bajaj appeared for Union of India.

 [Read order]