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2017 (2) TMI 1509

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..... ied, those at the seats of other High Courts will be established in due course - Since such a decision is taken by the Government of India, proposing to establish NCLT Benches at the places wherein other High Courts are situated, in due course, he submits that necessary direction need to be issued to the Government of India. He further relies upon Annexure R1(a) dated 19.12.2016 produced along with the statement filed by the 1st respondent, Union of India and submits that in the next phase, after making the requisite infrastructure available and appointment of Members, it has been planned to constitute a Bench of NCLT at Kochi. If Government of India has proposed and planned to constitute Bench of NCLT at Kochi, and the authorities have .....

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..... 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 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 .....

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..... 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 National Company Law Tribunal (for short 'NCLT') at Chennai having jurisdiction over the State of Kerala also. Consequently, the files which ought to have been transferred to NCLT, Chennai were not transferred by this Court. 3. The learned single Judge, on coming to know about the filing of I.A. No.21 of 2017 seeking permission to file Review Petition against the judgment passed in W.P.(C) No.39898 of 2016, directed the Registry to post W.P.(C) N .....

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..... 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 cover the jurisdiction of various High Courts, keeping in view the availability of manpower and infrastructure. While the Benches at New Delhi, Ahmedabad, Allahabad, Bengaluru, Chandigarh, Chennai, Guwahati, Hyderabad, Kolkata and Mumbai have been notified, those at the seats of other High Courts will be established in due course. Since such a decision is taken by the Government of India, proposing to establish NCLT Benches at the places .....

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