High Court Allows Exemption from Notarized Affidavits, Upholds NCLAT's Written Submission Directions

The High Court allowed exemption from filing notarized affidavits due to the prevailing situation, directing submission of duly signed and affirmed affidavits post regular court functioning. The Court upheld NCLAT's directions for filing written submissions and judgments, emphasizing fairness and natural justice principles, dismissing the appeal against the legality of such directions.

---

---

Issues:
1. Exemption from filing notarized affidavits.
2. Legality of directions issued by NCLAT to file written submissions and judgments.

Exemption from filing notarized affidavits:
The High Court allowed an application for exemption from filing notarized affidavits due to the prevailing situation, directing the applicant to file duly signed and affirmed affidavits within a week of the Court's regular functioning resuming.

Legality of directions issued by NCLAT to file written submissions and judgments:
The Appellant challenged the NCLAT's directions to file written submissions and judgments, contending that the NCLAT lacked the power to regulate its procedure in such a manner. The Appellant argued that the directions exceeded the NCLAT's jurisdiction as it does not have the authority to issue such directives, unlike the NCLT. The Appellant highlighted that neither the Companies Act, 2013, nor the Insolvency and Bankruptcy Code, 2016, provided for a procedure mandating the filing of written submissions and judgments. The High Court noted that while there was no specific written procedure for such filings, the directions were not illegal as they aimed to facilitate adjudication and streamline proceedings. The Court emphasized that exchanging copies of written submissions is a common practice in Courts and Tribunals to ensure fairness and effective presentation of cases. The High Court found no merit in the Appellant's argument against exchanging written submissions, stating that it is a fundamental aspect of natural justice to provide the other party with relevant documents to enable a fair defense. The Court upheld the decision of the Learned Single Judge, dismissing the writ petition and affirming the legality of the NCLAT's directions. The appeal was dismissed, emphasizing the importance of sharing written submissions to maintain fairness and uphold principles of natural justice in legal proceedings.

---