NCLT Chandigarh to move to makeshift premises at Corporate Bhavan

The Punjab and Haryana High Court on Tuesday directed that the National Company Law Tribunal (NCLT), Chandigarh Bench resume sittings from August 29 in temporary premises at Corporate Bhavan, Sector 27 [The Company Law Tribunal Bar Association, Chandigarh v The Ministry of Corporate Affairs & Ors].

The Tribunal was forced to shut indefinitely earlier this month owing to water seepage from the roof of its courtrooms and chambers.

A Division Bench of Chief Justice Sheel Nagu and Justice Sanjiv Berry recorded a consensus on Monday among stakeholders - including judicial and technical members of the NCLT and members of the Bar - following a joint inspection on August 25. The inspection concluded that the first and third floors of Corporate Bhavan would be allotted to the Tribunal for courtrooms, chambers and staff facilities, pending repairs at the original site.

"The first and the third floor will be made ready for the NCLT to function on Thursday, 28th August evening, so that day-to-day functioning of NCLT is not disrupted. We hope and expect that the Tribunal shall start functioning from Friday, 29th morning,” the Bench said.

The arrangement, the Court clarified, is temporary and will remain in force only until the ground floor of the existing building is rendered fully functional after repairs and renovation.

The Court also directed that the precise allocation of space between courtrooms, chambers and Bar facilities would be left to the judicial and technical members of the NCLT, along with the Registrar.

On August 19, NCLT Chandigarh had notified that it was suspending sittings indefinitely after severe water seepage in the courtrooms and chambers. The High Court, while hearing a PIL filed in 2023 by the Company Law Tribunal Bar Association through its Secretary Vaibhav Sahni, had then directed the Chandigarh administration to locate an alternative venue within three days.

During that hearing, Additional Solicitor General Satyapal Jain had submitted that new contractors had been appointed for the repair work and that the process would take about 30 days. He added that earlier attempts to carry out repairs at night were met with opposition from locals, and that work could not proceed while the Tribunal was functioning.

The Bench noted the presence of the NCLT Registrar and a Regional Director at the proceedings and requested all stakeholders - including the Bar, Tribunal staff and members - to extend cooperation to ensure smooth functioning.

The case has been listed for further hearing on September 1, when the Court will review the Tribunal’s functioning at the temporary premises.

The petitioner was represented by Senior Advocate Anand Chhibbar and Advocate Shikhar Sarin.

Advocate Jaivir Chandail appeared for the Union Territory of Chandigarh.