Sajal Yadav Advocate vs Union Of India & Ors

D.N.Patel, CJ

Proceedings in the matter have been conducted through video conferencing.

C.M.No.25226/2020 (exemptions)

Allowed, subject to all just exceptions.

The application is disposed of.

W.P.(C) No.7598/2020 & C.M.No.25225/2020(interim relief)

This public interest litigation has been preferred with the following prayers:-

"a) Direct the respondents 1, 2 and 3 to formulate and frame rules, regulations, office instructions laying guidelines in consonance with the decisions of the Hon'ble Supreme Court; and /or

b) Direct the respondents 1, 2 and 3 to formulate and frame rules, regulations, office instructions laying guidelines on the role of the Judicial Members and the Technical members in the proceedings before the National Company Law Tribunals; and /or

c) Direct the respondents 1, 2 and 3 to formulate and frame rules, regulations, office instructions in order to guide the technical members of the National company Law Tribunal to conduct themselves within the parameters set out by the Hon'ble Supreme Court in the various decision cited here in this petition; and/or

d) Direct the respondents 1 ,2 and 3 to formulate and frame rules, regulations, office instructions to lay down the procedure with regard to the conduct of hearings and primacy of the judicial member in the hearings of the National company Law Tribunal; and /or

e) To direct respondents 1, 2 and 3 to formulate and frame rules and regulations and office instructions to bring in a dress code which does not violate the various acts, rules and regulations and the long convention followed by courts in India with regard to the use of courts in gowns worn by judges of the Hon'ble Supreme Court, High Court and senior designated advocates; and/or

f) To pass such other and further orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of this case"

Having heard the learned counsel for the petitioner and looking to the facts and circumstances of the case, we direct that this writ petition be treated as a representation by the concerned respondent authorities who will look into the grievances of petitioner and decide the same in accordance with law, rules, regulations and Government policies applicable to the facts of the case. A copy of the petition may also be forwarded by the counsel for the petitioner to the Hon'ble President, National Company Law Tribunal, for his consideration.

With these observations, the writ petition is disposed of.