NCLT Indore non-functional since 2017: Madhya Pradesh High Court seeks Centre's response

The Madhya Pradesh High Court recently sought the response of the Union government on a plea filed by the High Court Bar Association seeking directions to make the Indore Bench of the National Company Law Tribunal (NCLT) fully functional. .Although the bench was formally established in January 2017, the Court was informed that no regular full-time members have been posted there till date. As a temporary arrangement, the Bench of NCLT at Ahmedabad has been hearing matters of the Indore Bench online via video conferencing in the second half of the day, it was pointed out..Taking note of the same, a Bench of Justice Vivek Rusia and Justice Gajendra Singh of the High Court directed the Deputy Solicitor General to seek instructions from the President of NCLT and concerned authorities on why at least two members cannot be posted at Indore.The Court warned that a judicial order would be passed if a satisfactory explanation is not provide."Shri Himanshu Joshi, Deputy Solicitor General, for the respondent No.1/UOI is directed to obtain instructions from Hon’ble President NCLT and Principal Secretary of Ministry of Law & Justice, Delhi and Principal Secretary of Ministry of Corporate Affairs (respondent No.2 & 3) as to why atleast two members at NCLT Delhi or NCLT Mumbai are not being posted at NCLT Bench Indore, permanently. It is made clear that if satisfactory reply is not given then this Court may pass a judicial order/writ," the High Court stated in its order. .The petitioner-association said despite multiple functioning benches of NLCT across various locations, infrastructure and resource allocation between the Benches is inconsistent. In NCLT Delhi, six Division Benches are operational, yet Division Bench No. 6 has been functioning without a courtroom since 2019. Similarly, at the NCLT Kolkata Bench, one of the members has not been allotted a courtroom. In Mumbai, although there are seven permanent Division Benches, the seventh bench is yet to be provided with a courtroom, it was stated.The petitioner contended that in light of these vacancies and infrastructure gaps, at least two members without courtrooms could be re-posted to Indore to make the Bench there fully functional.Despite representations from the High Court Bar Association, there has been no response, it was argued..The matter will be heard next on May 13.Advocates Vijayesh Atre and Aarya Chhangani appeared for the petitioner.Advocate Bhuwan Gautam appeared for the State.Deputy Solicitor General Himanshu Joshi appeared for the Union..[Read Order]