SOP for physical of cases before the National Company Law Tribunal

SOP for physical of cases before the National Company Law Tribunal

The National Company Law Tribunal had earlier issued guidelines/circulars/ notifications regarding the functioning of the NCLT during the COVID-19 Pandemic period. Now, keeping in view of the present situation of considerable decline in Corona cases, the latest guidelines of the Government of India relaxing the COVID-19 restrictions. In partial modification of the previous orders/guidelines/circulars/ notifications issued by the NCLT from time to time, the Hon’ble Acting President, NCLT is pleased to issue the present Standard Operating Procedure (SOP) for physical healing, as well as the continuation of virtual hearing as per order dated 23.2.2021 which shall come into force w.e.f. 1.3.2021 The SOP is applicable to all NCLT Benches. The SOP is as under:

1. All the latest guidelines of the Central and the State Governments regarding gathering at Public places shall be, adhered to in letter and spirit.

2. The National Company Law Tribunal G\rCLT) at all benches will continue to receive online filing of cases through e-portal of NCLT.

3. The Advocates/ Representative of the parties who opt to attend the hearing through Video Conference may send a request with the item number to the concerned court officer. It is also requested that parties of both sides in a matter opt for the same mode of hearing.

4. While attending/appearing before the NCLT physically, all the stakeholders including the learned Advocates shall follow the guidelines of this SOP scrupulously along with other instructions issued by the Tribunal, State, and Central Governments from time to time including maintaining physical distance, use of masks, sanitizers, etc.

5. The entry into the Tribunal premises is restricted only to the Advocates/Partiesin-person whose names are published in the cause list.

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6. Entry of parties or other stakeholders into the NCLT is permitted only if there is Tribunal’s direction to that extent and on the authorization given by the concerned Advocate.

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7. No one with symptoms of cough, fever, running nose, and people with less immunity and people without wearing masks, be allowed to enter the NCLT premises.

8. The Advocates/Parties-in-PersorvAdvocate clerks or other stakeholders. shall enter into the Security Zone through the Main Gate after showing their identity card and subjecting themselves to thermal screening at Security for detecting body temperature etc.

9. On entering the Security Zone, the Advocates/ Parties-in- Person would proceed to the designated Bar Room/ vacant court halls nearer to the concerned court Halls where the physical hearing will be taken up and wait for their tum to enter into respective Court Halls.

10. At the waiting Hall(s), concerned staff will guide the Advocates/Parties-in-person, as and when their turn comes for entering the designated Court Hall for physical hearing and they are advised to wear masks and sanitize their hands before entering into the Court Halls.

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11. The entry into the Court Hall is restricted only to the Counsel whose cases are listed in that particular Court. However, considering the physical distancing norms, the total number of Advocates/Parties-in-person shall not exceed six to ten members in the Court Hall. One Advocate per party will be allowed in each matter which is taken up for hearing by the Hon’ble Bench and the other Advocates/Parties-in-person of next two cases in the Cause List will be permitted to remain in the court Hall, but in all not exceeding ten numbers at a time.

12. Advocates are requested not to bring either Junior Counsel or Advocate Clerks into the Court Halls. Wherever the services of Senior Advocate are engaged’ the briefing Counsel is allowed into the Court Hall along with the Senior Advocate.  Advocate Clerks will enter into the Court Hall only to drop the files/books in the Court Hall and leave right away, they will not be permitted to loiter inside the Court Halls. However, the concerned Advocate Clerk who is assisting the Advocate inside the Court Hall may wait in the corridor wherein seating facility is provided.

13. The chairs in the Court Halls and Bar rooms are affianced in such a way that a minimum advised distance is maintained between the chairs.

14. Canteen and Cafeteria in the premises will remain closed for the time being. However, Safe Drinking water is provided in the waiting halls.

15. All the Stakeholders shall leave the NCLT premises as soon as their matter is over.

16. Entry into the NCLT premises by all the concerned shall be only between 10:00 AM to 4:30 PM on the working days so as to enable the sanitizing teams assigned for the purpose to carry out sanitization/deep cleaning of the premises according to the standard procedures in that behalf.

17. The entire Tribunal premises shall be sanitized/deep cleaned daily between 7.30 AM and 9.30 AM and after 4.30 PM.

18. The Registry shall Governments ensure that instructions issued by the Central, State subject are strictly adhered to.

19. All the Advocates/stakeholders shall adhere to the SoP and are requested to cooperate with the Registry and security personnel posted at the entry points of the Security zone and court Rooms entrusted with the task of implementing the aforesaid guidelines.

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20. This issues with the approval of Hon’ble Acting President, NCLT.