High Court Bar Association Vs Union of India (Madhya Pradesh High Court)
Learned counsel for the petitioner submit that the Bench of NCLT was directed to be constituted at Indore by notification dated 08.03.2019. Till date, the notification could not be translated into reality. In the result, the litigants and lawyers of this jurisdiction are required to travel all the way to Ahmedabad. At Ahmedabad also, the hearing does not take place on regular basis. It is a tiring and costly affair for the litigants and lawyers. The appropriate directions may be issued for opening of the Tribunal at least for two days’ in a week at Indore forthwith.
Faced with this, Shri Phadke, learned counsel for the other side informed that complete infrastructure of NCLT Bench at Indore is already ready. The appropriate authority already selected a person to be appointed as member (technical) for Indore Bench. However, later on, the said member declined to join. In the result, the process to select a new person is going on.
Learned counsel for the petitioner shared their recent experience at NCLT, Ahmedabad Bench and contended that their matters were not heard and in this backdrop rather sending the lawyers and litigants to Ahmedabad if appropriate arrangement is made, where the Bench of Ahmedabad, on ad hoc basis may take up the matters at least two days in a week at Indore, this will help a lot to the litigants in distress.
Shri Phadke prays for time to seek instructions. In addition, Shri Phadke shall also seek instructions that how much time is likely to take to appoint a new member. It is expected that respondent will leave no stone unturned to make the Indore Bench NCLT functional at least for two days in a week.
List the matter on 10th January, 2022.
