The Calcutta High Court has dismissed the petition filed by the NCLT Advocates Bar Association’s challenging shift of National Company Law Appellate Tribunal (NCLT) location.
The bench of Justice Amrita Sinha has observed that from time immemorial people have resisted to change and shift from one place to the other. Relocation is painful. Adjusting to a new place may not always be easy. There may be difficulties and challenges in the process. The initial logistic issues, financial uncertainties, time adjustments and various other factors may crop up. None is strong enough to stall or stop the process of relocation for the sole reason that the shift is for the public purpose. The shift of the location of the High Court to New Town is also in the pipeline, and may be, over a period of time, both the institutions will again be in the vicinity of the other.
The petitioner, Bar Association of the learned advocates practicing in NCLT, claims to have its registered office. The petitioners claimed to be a litigant whose matters are pending adjudication before the Tribunal and the petitioner claimed to be a clerk of an advocate who practices in NCLT.
It has been submitted that the building where NCLT is currently located is in the vicinity of the Hon’ble High Court and it has enough space to house the benches that are presently functioning. The present location is easily accessible by all stakeholders including the advocates, their staff and the litigants.
The place where NCLT is sought to be shifted is in an extremely remote area approximately twenty-eight kilometres away from the High Court. The place is not properly accessible. There is a lack of supportive infrastructure in and around the new site. None of the stakeholders will be able to avail the facility for which the Tribunal has been set up.
The petitioner argued that there is enough space in the building from where NCLT is currently functioning and there is absolutely no necessity to shift the Tribunal from its present location. Apart from NCLT there are other departments in the said building and if the said departments are shifted to the Corporate Bhawan, then the additional space that will be available can be utilized for functioning of NCLT.
The court held that the petitioners have not been able to make out a case, far less a strong case, requiring stalling the shift of NCLT from its existing place to the new one. The Tribunal has already notified setting up of a new bench. It is expected that all stakeholders will accept the shifting of NCLT to the new building without any grudge or ill feeling and work harmoniously in aid of proper and speedy dispensation of justice.
Case Details
Case Title: NCLT Advocates Bar Association, Kolkata Bench & Ors. Vs.
Union of India & Ors.
Case No.: WPA 4927 of 2023
Date: 25.03.2025
Counsel For Petitioner: Joy Saha, Sr. Adv.
Counsel For Respondent: Dhiraj Trivedi, Adv.
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