E-filing of petition/application and hearing through video conferencing of urgent matters before NCLT, Mumbai Bench during the lockdown
Procedure to file a Company Petition / Interlocutory Application before NCLT, Mumbai Bench and hearing thereof through video conferencing during lockdown as a measure to prevent spread of COVID-19:
1. The NCLT vide Notice dated 19th March, 2020 had decided to close the filing counters as a measure to prevent spread of COVID-19 and petition / application has to be filed using the efiling portal of NCLT.
2. The NCLT vide Notice dated 21st April, 2020, has decided to take-up urgent matters through filing application through website. The link of the website – https://efiling.nclt.gov.in/mainPage.drt . Procedure for efiling is as below:-
- For eFiling the above mentioned website provides for creating a user account by entering all the relevant details of the person under the ‘Register’ tab on the website.
- Once the user account is created, the portal provides for filing of application under various heads. The portal generates a reference number after submitting the necessary details of the petition / application. The user must ensure that all the details entered in the portal are correct and accompanied by all the relevant documents.
- The portal also provides for both, online payment of fee and offline payment of fee via demand draft. Once the payment is processed a filing number is generated by the portal for further reference.
3. The NCLT in the daily cause list states that the concerned parties also have to email the soft copy of petition and relevant documents on email@example.com.
4. The NCLT vide Notice dated 7th April, 2020 has decided to take-up urgent matters for hearing through video conferencing. In the said Notice, the NCLT has laid down following guidelines to be adhered to before the hearing of urgent matters:-
- The Applicants shall brief facts (mention the supporting material papers while narrating facts) in five to ten lines and the reliefs thereto and serve the same upon the Opposite Party along with its application.
- The Opposite Party, in turn, shall brief their defence (mention the supporting material papers while narrating facts) in five to ten lines and serve the same upon the Applicants within 24 to 48 hours.
- Upon exchange of brief facts, both the parties shall jointly draft the points for determination by NCLT.
- Based on the points for determination, both the parties shall separately set out reasons supporting their respective stands in two to three lines on each of the points for determination. The applicants shall first set out its reasons in bullet points, and then the Opposite Party shall set out its reasons in bullet points.
- Relevant Material Papers if any for determination of the points from either side, they shall be annexed with the Joint Memo of Written Submissions. This Memo shall capsule all the above steps in two to three pages.
- This Joint Memo shall, after having signed by both the parties and the counsel, be filed one day before the date of hearing or at least six hours before hearing.
- If the opposite party does not appear even after service is affected upon him/them, the applicant shall place brief facts, reliefs, relevant material papers and reasons for seeking reliefs in the form of this Memo one day before or six hours before hearing date.
- This procedure will avoid delays, avoid filing reply and rejoinder and this memo will be user friendly (all in one) to arrive to decisions quickly.
- Exception: In the event situation demands grant of ad-interim relief by NCLT even before filing this Memo, non filing of this Memo will not become hindrance to NCLT in granting such relief.
5. The NCLT vide Notice dated 3rd May, 2020 will continue to hear the urgent matters through video-conferencing till the lockdown ends. In the said Notice the following guidelines have been made:-
- The parties have been requested to file urgent application before the respective Benches.
- It shall be ensured that applications are complete as per check list Rules and Regulations.
- The parties are directed to file their applications through efiling portal at Delhi, Mumbai, Hyderabad, Amravati and Jaipur. Other benches have to send an email for filing of the application to the respective Registrar of the Bench.
- The advocates and litigants shall be in formal dress while addressing in video conferencing. Counsel or parties shall ensure oral submissions be made from clam and quite place, so that the Bench could hear submissions without being distracted by noise impending from surroundings.
6. The Advocates and / or the parties are required to login on webvc.nic.in for attending the hearing and to record their attendance for their respective matter. After going on the above mentioned link, the advocates / parties have to download “VidyoDesktop” as prompted on the home page. The parties would receive an email from the NCLT giving them the login details of “VidyoDesktop” for their respective hearings.