2019 (8) TMI 1747 - HC - Companies Law

Jurisdiction of National Company Law Tribunal, Chennai Bench, when National Company Law Tribunal, Kochi Bench is formed - HELD THAT - This writ petition is disposed of directing the NCLT, Kochi Bench to finalise the proceedings pertaining to Ext.P12 order passed, at the earliest and at any rate within a period of three months from the date of receipt of a certified copy of this judgment. Petition disposed off.

Summary

Issues:
1. Jurisdiction of National Company Law Tribunal, Chennai Bench to pass order despite formation of National Company Law Tribunal, Kochi Bench.
2. Delay in making NCLT, Kochi Bench functional.
3. Relief sought by the petitioner through writ petition.

The judgment addresses the issue of jurisdiction concerning the National Company Law Tribunal (NCLT) benches in Chennai and Kochi. The petitioner challenged an order passed by NCLT, Chennai Bench (Ext.P12), arguing that it lacked jurisdiction due to the formation of NCLT, Kochi Bench. The petitioner sought a writ of Certiorari to set aside Ext.P12 order and a writ of Mandamus to expedite the functioning of NCLT, Kochi Bench. The court noted that the Kochi Bench had commenced operations and cases were being transferred from the Chennai Tribunal. Consequently, the court directed the NCLT, Kochi Bench to finalize the proceedings related to Ext.P12 order within three months from the date of the judgment.

The primary contention raised by the petitioner was the lack of jurisdiction of NCLT, Chennai Bench to pass the Ext.P12 order after the establishment of NCLT, Kochi Bench. The petitioner's argument led to the stay of the order, pending resolution. With the Kochi Bench operational and cases being transferred, the court found it appropriate to instruct the Kochi Bench to conclude the proceedings concerning the Ext.P12 order after hearing all parties involved. This decision aimed to ensure the proper adjudication of the matter within a reasonable timeframe.

The judgment also addressed the delay in making NCLT, Kochi Bench fully functional. By directing the Kochi Bench to finalize the proceedings within three months, the court emphasized the importance of timely resolution and efficient functioning of the tribunal. The court's directive sought to expedite the legal process and ensure that justice is served promptly in matters falling under the jurisdiction of the NCLT.

In conclusion, the writ petition was disposed of with the court's decision to instruct NCLT, Kochi Bench to expedite the proceedings related to the Ext.P12 order. The judgment highlighted the significance of jurisdictional clarity, timely resolution of legal matters, and the efficient functioning of judicial bodies like the NCLT to uphold the principles of justice and fairness in corporate law disputes.