Hon’ble National Company Law Appellate Tribunal issued a order (604/2023) dated 15th May 2023 which has dispensed the mandatory physical filing of hard copies of Appeals/ Interlocutory Applications/ Reply / Rejoinder etc that is to say the parties are now not required to file the physical copies of Appeals/InterlocutoryApplications/Reply/Rejoinder.
It is interesting to note that this development came after the Supreme Court observations in the case of Sanket Kumar Agarwal & Anr vs APG Logistics Private Limited Civil appeal no 748 of 2023 wherein it deprecated the practice of NCLAT to insist on physical filing.
In para 30 of the order it noted that:
“Before concluding, we cannot but fail to notice the flip-flops on the part of the NCLAT in providing administrative guidance on whether limitation would commence from the date of e-filing or from the presentation of the appeal at the filing counter. With technological advances, the country’s judiciary and tribunals must move towards e- filing. This process has already commenced and is irreversible. The Union Government must have a fresh look at the rules to encourage e-filing across tribunals. Perhaps one way forward would be to constitute a Working Group to make a comprehensive assessment of the position across tribunals and suggest regulatory changes.Moreover, it is utterly incomprehensible why NCLAT should insist on physical filing in addition to e- filing. This unnecessarily burdens litigants and the Bar and is a disincentive for e-filing. A lawyer or litigant who is compelled to file physical copies in addition to e-filed documents will have no cogent reason to resort to e-filing. This duplication of effort is time consuming. It adds to expense. It leaves behind a carbon footprint which is difficult to efface.The judicial process has traditionally been guzzling paper. This model is not environmentally sustainable. If some judges are uncomfortable with e-files, the answer is to provide training to them and not to continue with old and outmoded ways of working. The judiciary has to modernize and adapt to technology. The tribunals can be no exception. This can no longer be a matter of choice. The IBC is a significant prong in economic reforms. It has radically reshaped the law relating to insolvency and bankruptcy. The manner in which the law is administered will have to keep pace with technology. Both the Union government in its rule making capacity and the administrative heads of tribunals must ensure a seamless transition to working in the electronic mode.”
The order read as follows:
“The Appeals / Interlocutory Applications / Reply / Rejoinder etc. are being e-filed in the National Company Law Appellate Tribunal (NCLAT) through e-filing portal (https://efiling.nclat.gov.in) w.e.f. 04.01.2021. The Competent Authority has further directed that the filing of hard copies of Appeals/ Interlocutory Applications/ Reply / Rejoinder etc. shall not be mandatory with immediate effect.
The Standard Operating Procedures (SOPs)/ Orders/ Circulars/ Notices issued by the NCLAT from time to time regarding filing of Appeals/ Interlocutory Applications / Reply / Rejoinder etc. shall stand modified to that extent accordingly.”
Order Copy:
