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2017 (2) TMI 1509

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..... Issue a Writ of Mandamus or any other appropriate writ, order or direction, to the respondents to continue hearing of Company Cases having jurisdiction in State of Kerala by the Hon'ble High Court till NCLT Bench is established at Ernakulamfor hearing of Company Cases; b) Issue a Writ of Mandamus or any other appropriate writ, order or direction to the 1st respondent to establish NCLT Bench at Ernakulam on a time bound basis in the interest of justice. c) Pass such other orders as this Honourable Court may deem fit and proper in the facts and circumstances of the case." The writ petition was disposed of on 15.12.2016 with the following conclusion : "Though the aforementioned submissions appear to be attractive at the first instan .....

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..... e of Kerala at Kochi within such time as this Hon'ble Court shall deem just. ii) Direct the 1st respondent not to enforce Ext.P7 Rules with respect to the cases pending before this Hon'ble Court till the establishment of an independent Bench of National Company Law Tribunal for and within the State of Kerala. iii) Direct the respondents 1 & 3 not to transfer the cases under the Companies Act pending before this Hon'ble Court to the Bench of National Company Law Tribunal at Chennai and iv) grant such other reliefs, as this Hon'ble Court shall deem just." In W.P.(C) No.39551 of 2016 an interim order was granted on 14.12.2016 for maintenance of status quo in respect of Ext.P7 Notification establishing the Bench of Nation .....

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..... uestion involved in these matters is one and the same, i.e., the establishment of NCLT Bench in the State of Kerala. Since the question raised in W.P.(C) No. 39551 of 2016 is already decided by this Court in W.P.(C) No.39898 of 2016, the very judgment will be sufficient to dispose of W.P.(C) No. 39551 of 2016. Hence, following the very judgment passed in W.P.(C) No.39898 of 2016, W.P.(C) No. 39551 of 2016 is to be disposed of. 7. However, at this stage, learned counsel appearing on behalf of the Association, drawing the attention of the Court to Ext.P5 produced along with W.P.(C) No.39551 of 2016, contends that the Government of India, Ministry of Corporate Affairs, New Delhi have proposed to establish NCLT Benches in a phased manner to co .....

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