Delhi High Court issues notice in plea against NCLAT SOP which mandates physical filing of appeals, applications amid COVID-19 pandemic

Delhi High Court on Thursday issued notice in a petition seeking a direction to the National Company Law Appellate Tribunal (NCLAT) to allow only e-filing during the ongoing COVID19 pandemic. (Nitya Sharma vs NCLAT).A Single Judge Bench of Justice Rekha Palli opined that prima facie, there was merit in the submissions of the petitioner, advocate Nitya Sharma..The petitioner challenged the NCLAT's revised Standard Operating Procedures (SOP) to the extent that it made it mandatory for advocates/ parties in- person to file appeal/ interlocutory applications/reply/rejoinder etc. in hard copy along with the e-filing receipt..The SOP, the petitioner contended, essentially meant that a copy of appeal/ application etc. has to be physically submitted at the NCLAT counter..The petitioner argued that such a requirement puts lives of advocates, clerks, judicial officers in danger as it involved human contact. ."The Hon’ble NCLAT also failed to visualize the fact that from preparing of the appeal/application and getting the same printed on papers, there after getting photo copies of the same, preparing set of the files and getting the same bind and purchasing of stamp paper and attestation of affidavits/ documents needs human touch at each and every stage which also increase the chances of spreading the virus. It is also pertinent to mention that even presuming that the petitioner or anybody else succeed in doing the above drill safely then also the same is required to be filed on filing counters, thereafter the registry scrutinize and if they find the same in order, then they list the same before the court and if by any chance they find any deficiency therein the same will be returned for removing objection, the important factor to consider in the above stated process is ―human touch which is the dangerous aspect," the petition said..The petitioner also highlighted that on account of the compulsions associated with social distancing, courts and tribunals physically shut their premises to the public and turned to technology. .Several judicial bodies not only conducted hearing online but also introduced e-filing system to enable litigants and lawyers to file cases and documents from the comfort of their homes and offices, it was added. .[Read Order]