Home Case Index All Cases Companies Law Companies Law + HC Companies Law - 2016 (12) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2016 (12) TMI 1843 - HC - Companies LawEstablishment of NCLT Bench in the State of Kerala - suitable place for establishing an independent NCLT bench - Seeking 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 Ernakulam for hearing of Company Cases - establish NCLT Bench at Ernakulam on a time bound basis in the interest of justice - According to the petitioners, since a large number of cases under the Companies Act such as, company claims, company petitions, company applications, company suits, company cases, adjudication appeals, connected criminal complaints, miscellaneous company applications etc. are pending consideration before this Court, establishment of independent and separate NCLT bench for the State of Kerala at Kochi is absolutely necessary and if Tribunals are not established in each State, the basic objective with which, NCLTs are being established, that is, to speed up the company cases, will not be fulfilled - HELD THAT:- Though the aforementioned submissions appear to be attractive at the first instance, they cannot be accepted for giving a direction to the respondents to establish NCLT bench in any particular State. It is for the authorities concerned to take a decision in the matter. This Court cannot frame guidelines or sit as an appellate authority to direct the policy makers to frame policy in a particular manner. It is for the authorities concerned to take a decision in respect of establishment of benches at a particular place or State. Since it is for the respondent authorities to take a decision in the matter and as this Court will not normally interfere with the policy decision of the State, we decline to entertain the writ petition. The writ petition fails and the same stands dismissed. It is open for the petitioners or the affected persons to make representations before the appropriate Government for establishment of NCLT bench in the State of Kerala, if they so choose.
|