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2024 (7) TMI 485

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.... the National Company Law Tribunals [in short, "NCLT"], located in various parts of the country and the National Company Law Appellate Tribunal, [in short, "NCLAT"] recorded. 2. Mr Deepak Khosla, learned counsel, who appears on behalf of the petitioner, has submitted that this will lead to transparency and ensure robustness in the decision making process. 3. For convenience, the prayers sought in the writ petition are extracted hereafter: "i. Issue a writ of declaration, or such other suitable writ, order or direction, holding that Rule 45 (6) of the NCLT Rules (2016) is null and void ab initio as if non est, being hit by the 'void-for-vagueness' doctrine. ii. In the alternative : Issue a writ of certiorari, or such other sui....

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....is Hon'ble Court may deem fit.. vi. Issue a writ of mandamus to Respondent No. 1 (NCLT) and to Respondent No. 2 (NCLAT), or such other writ, order or direction, whose effect would be to compel them to provide officially-certified transcripts of what is argued in the course of oral hearings to any interested party irrespective of locus standi, against payment of the appropriate fees, if deemed necessary, where the contents of the transcript be derived from the recording of the hearings. vii. Issue a writ of mandamus, or such other appropriate order, writ or direction, directing Respondent No. 1 (NCLT) that any order reserved for judgement and dictated in chambers must bear the name of the author of the order. viii. Issue a ....

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....pen Court to formally stand reserved, to the exclusion of some concept of an illegal category of 'daily orders' which are either dictated in open Court, nor are stated in open Court to stand reserved for judgement (and eventually signed in the presence of the parties), but are dictated in chambers behind the backs of the parties, as well as signed in chambers behind the backs of the parties. xii. Issue a writ of mandamus to Respondent No. 1 (NCLT) and to Respondent No. 2 (NCLAT), or such other writ, order or direction, whose effect would be to compel them to ensure that all orders that stand reserved for judgement, and when eventually pronounced in open Court, are signed in the presence of the parties immediately thereafter, by rea....

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....rections can be issued, if found necessary, in a given case by the concerned bench of the NCLT. 6.3 As far as proceedings conducted via Video Conferencing (VC) are concerned, various High Courts, including Delhi High Court, have already framed rules, based on the model rules framed by the inter-court subcommittee constituted by the Hon'ble Chief Justice of India and Chairperson of the Supreme Court, e-Committee. Insofar as Tribunals in Delhi are concerned, the VC rules framed by this Court are applicable to them 7. We are told that the petitioner association is involved in proceedings presently pending before the Mumbai bench (formerly before the Ahmedabad bench) of the NCLT. 8. Besides the aforementioned issue concerning recordal ....