Over ten months after the Central government notified another Bench of the National Company Law Appellate Tribunal (NCLAT) Chennai, the same will start its functioning from Monday, 25 January 2021 through virtual mode.
NCLAT Chennai Bench will have jurisdiction over most of the Southern States viz. Karnataka, Tamil Nadu, Kerala, Andhra Pradesh, Telangana, Lakshadweep and Puducherry whereas the NCLAT Delhi Bench will be known as the Principal Bench and will continue to have jurisdiction over all the States, except those under the Chennai Bench.
A Notification issued to this effect states that filing of all fresh appeals against the orders of the National Company Law Tribunals (NCLTs) having jurisdiction in respect of States of Karnataka, Tamil Nadu, Kerala, Andhra Pradesh, Telangana and Union Territories of Lakshadweep and Puducherry shall have to be filed before the NCLAT Chennai Bench w.e.f. 25 January 2021.
Further, the Notification states that the filing of Interlocutory Applications/ Reply/ Rejoinder etc. in respect of such appeals will also be made before the NCLAT Chennai Bench.
Various petitions moved in the Supreme Court last year protesting the delay in setting up of NCLAT Chennai Bench, and the Supreme Court had directed on 25 December 2019 for its establishment within six months' time, while pronouncing its verdict in the Swiss Ribbons case, REED 2019 SC 1304.
In November 2020, a Petitioner G. V. Mohan Kumar had moved the Madras High Court, submitting that even though physical establishment for the NCLAT, Chennai Bench has been allotted and all the preparatory works have been completed, even then, no further action has been taken to ensure the functioning of NCLAT Chennai Bench. Hearing on plea, the Madras High Court last month observed that the delay in establishing NCLAT Bench Chennai may amount to contempt of the Supreme Court's direction in the Swiss Ribbons case, REED 2019 SC 1304, to establish circuit Benches of the National Company Law Appellate Tribunal.
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