GHCAA President Yatin Oza
GHCAA President Yatin Oza

Put transfer orders qua Ahmedabad Members in abeyance till orders in reserved matters are pronounced: GHCAA urges Acting President, NCLT

Aditi Singh

The Gujarat High Court Advocates' Association has written to the Acting President, National Company Law Tribunal, requesting that the transfer orders qua the members at NCLT, Ahmedabad be kept in abeyance till the time the Members pronounce orders in matters reserved by them.

In the letter addressed to Acting President of NCLT, BSV Prakash Kumar, President of GHCAA, Yatin N Oza has informed that the representation to stay the transfer orders was being made pursuant to the requests from a large number of advocates who practice regularly before NCLT, Ahmedabad.

The Letter states that vide two transfer orders, Prasanta Kumar Mohanty, Member (Technical) and HP Chaturvedi, Member (Judicial) have been transferred to other benches of NCLT.

It is GHCAA’s concern that a large number of matters under Insolvency and Bankruptcy Code, 2016, as well as the Companies Act, 2013, are reserved for orders by the Bench comprising the two transferred Members.

“Of course, I do not possess exact number of matters but to the best of my information, there are number of matters that are heard and await orders of Court No. 1 at the Hon’ble National Company Law Tribunal, at Ahmedabad. In view of captioned office orders and consequent transfer of both Hon’ble Members constituting Court No. 1 from Hon’ble National Company Law Tribunal, at Ahmedabad, an impasse is created whereby all these matters will have to be reheard de-novo.”
the Letter reads.

Such situation will entail re-investment of enormous time and resources, apart from delay in adjudication of matters, it is submitted.

In view of the above, President, GHCAA has made an “earnest request” to put the transfer orders qua the two Members of NCLT, Ahmedabad be put in abeyance till the time judgment/orders are pronounced in matters where judgment is awaited.

Read the Letter:

Letter GHCC to NCLT.pdf
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