The Tax Publishers 2020 TaxPub(CL) 1087 (Guj-HC)

CONSTITUTION OF INDIA, 1908

Article 226

The issue relating to hearing of petition before adjudicating authority whether it should be either by virtual mode or physical mode or partly virtual mode or partly physical code is the subject-matter for NCLT or NCLAT to decide the High Court has no jurisdiction to quash and set aside the order of NCLAT directing expeditious hearing. In a writ jurisdiction, High Court cannot decide how and in what manner the authority should conduct the matter.

Writ - Mode of hearing before AA, whether by virtual mode or physical more, or partly through both the modes - Jurisdiction of NCLT/NCLAT v. High Court - Hearing of petition

The case of petitioner was listed for virtual hearing on account of COVID-19 pandemic. Therefore, petitioner filed writ petition under Article 226 praying for issue of writ of mandamus or any other writ/order/direction to NCLT, Ahmedabad to conduct the proceedings by physical hearing as and when the same is permitted. Held: The issue that the hearing before the NCLT was whether it should be by virtual mode or physical mode or partly virtual mode or partly physical mode, is required to be determined by NCLT or NCLAT. In a writ jurisdiction the High Court has cannot decide how and in what manner the authority should conduct the matter the matter. Hence, writ petition was dismissed with cost of Rs. 10,000.

REFERRED :

FAVOUR : Against the petitioner.

A.Y. :



IN THE GUJARAT HIGH COURT

SUBSCRIBE TaxPublishers.inSUBSCRIBE FOR FULL CONTENT

TaxPublishers.in

'Kedarnath', 7, Avadh Vihar, Near Nirali Dhani,

Chopasni Road

Jodhpur - 342 008 (Rajasthan) INDIA

Phones : 9785602619 (11 am - 5 pm)

E-Mail : mail@taxpublishers.in / mail.taxpublishers@gmail.com