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COVID-19: NCLT asks litigants, stakeholders to file Joint Memo of Written Submissions to expedite virtual hearings

Bar & Bench

In order to expedite virtual hearings and dispensation of justice without any delay during the COVID-19 lockdown, the National Company Law Tribunal (NCLT) has made an appeal to litigants and stakeholders under Companies Act, 2013 and Insolvency and Bankruptcy Code, 2016 to file Joint Memo of Written Submissions.

The NCLT has stated that Memo will be a user-friendly document which will help in arriving at decisions quickly, and avoid filing of reply and rejoinder.

The broad guidelines with respect to filing of Joint Memo of Written Submissions, as per the notice issued on April 7, are as follows:

- The Applicants shall state facts in five to ten lines, as well as the reliefs, and serve the same upon the Opposite Party along with its application.

-The Opposite Party, in turn, shall brief their defence in five to ten lines and serve the same upon the Applicants within 24 to 48 hours.

- Upon exchange of brief facts, both the parties shall jointly draft the points for determination by NCLT.

- Based on the points for determination, both the parties shall separately set out reasons in support of their respective stands in two to three lines on each of the points for determination.

- Relevant Material Papers, if any, for determination of the points from either side, shall be annexed with the Joint Memo of Written Submissions which shall capsule all the above steps in two to three pages.

- After being signed by both the parties, this Joint Memo shall be filed one day before the date of hearing or at least six hours before hearing.

- If the opposite party does not appear even after service is affected upon him/them, the Applicant shall place brief facts, reliefs, relevant material papers and reasons for seeking reliefs in the form of this Memo one day before or six hours before the hearing date.

It is also clarified that in the event situation demands grant of ad-interim relief by NCLT even before filing this Memo, non-filing of this Memo will not become hindrance to NCLT in granting such relief.

Read the Notice:

Notice over written submissions.pdf
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