NCLT proceedings halt as members squabble

NCLT proceedings halt as members squabble

Two members disagree over adjourning case due to Diwali vacation, stop proceedings for 15 mins.

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Legal proceedings at National Company Law Tribunal halted for a few minutes on Friday morning when two members of the bench dissented over giving adjournment to lawyers of a case.

Lawyers, refusing to be named, said, “The lawyers had asked for adjournment due to Diwali vacation. While judicial member Harihar Prakash Chaturvedi wanted to agree, technical member Prasanta Kumar Mohanty objected to it. An argument ensued. Finally, the lawyers intervened and the proceedings resumed.”

They further said, “The judicial member was of the view that the adjournment should be given as the lawyers of both sides had sought it with each other’s consent. The technical member, however, was of the opinion that the case should be heard. Proceedings halted for 10-15 minutes due to the incident. Later, legal work resumed and was completed during the day.”

A senior counsel, who was present at the time, refused to talk on the issue when contacted by Mirror. It was the last day of the proceedings as NCLT will observe Diwali vacation till November 3. The NCLT operates as a quasi-judicial authority and handles legal dispute of the corporate companies.

Its bench is headed by a judicial member who is usually a retired or serving high court judge, or district judge with five years of experience and lawyer with 10 years’ experience. The technical member are members of the Indian Corporate Law Service or Indian legal service. A chartered accountant, cost accountant and company secretary with the same years of experience is also eligible to be a technical member.

Source- Ahmedabad Mirror.