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Read the procedure permitted by NCLAT for virtual hearing of cases from June 1

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The National Company Law Appellate Tribunal (NCLAT) has permitted to hear all the urgent matters through the video conferencing mode from June 1, 2020. It has specified the standard operating procedure for conducting the virtual hearing.

The tribunal said, “In order to contain the spread of coronavirus (COVID-19), and after considering the various instructions and advisories relating to coronavirus control and lockdown issued by the government, Acting Chairperson, NCLAT has decided that all urgent cases will be heard through video conferencing mode from June 1, 2020”.

It will hear the matters through a web-based video-conferencing system on the ‘Vidyo’ platform. This platform is hosted on the servers of the National Data Centre of the National Informatics Centre.

It is important to note that during the video hearing, the lawyers and parties must have stable and smooth connectivity of their devices such as desktop, laptop, or tablet used for video conferences.

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Which orders shall be entertained by NCLAT through virtual hearing?

The NCLAT is presently headed by Justice Bansi Lal Bhat, who was appointed as the officiating chairperson in March.

  • The tribunal was constituted under Section 410 of the Companies Act, 2013 for hearing appeals against the orders of the National Company Law Tribunal (NCLT).
  • It is also the appellate tribunal for hearing appeals against orders passed by the NCLT under the Insolvency and Bankruptcy Code.
  • Further, the tribunal will also hear the appeals against orders passed by the Competition Commission of India (CCI).

How the virtual hearing will work?

Procedural part
  • The applicant of the hearing can submit the application by e-mail to the registrar at the email
    address registrar-nclat@nic.in. However, if it is required that hard copy is needed to be submitted, then it has to be filed as per the procedure.
  • The application must contain a separate paragraph, where the applicant shall give consent for taking up the matter through virtual mode.
  • The court fee shall be paid through Bharat Kosh.
Rules of virtual hearing
  • During the virtual hearing, parties would be permitted to rely upon only on documents filed with the application.
  • Further, only one person would be allowed to speak at a time. If any of the parties try to interrupt in between, then another party is permitted to disrupt the proceedings also invite ‘muting’ of the microphone of the disrupting party.
  • In case a person wants to ask or say something, he may raise his hand to invite the attention of the bench.
  • No recording of the proceedings is permitted. Otherwise, strict action would be taken against the party.
  • All decorum regarding the dress of presenters and verbal presentations should be maintained.

Download official announcement: Read the procedure permitted by NCLAT for virtual hearing of cases from June 1

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