As a temporary solution, the Gujarat High Court issued a directive on Tuesday instructing the National Company Law Tribunal (NCLT) in Ahmedabad to allow the utilization of electronic devices such as laptops, tablets, and notebooks during hearings.
During the proceedings of a petition filed by Nipun Praveen Singhvi against the NCLT, the Court emphasized that the Tribunal lacks the authority to enforce a complete ban on electronic devices. However, it can impose reasonable limitations to ensure that the tribunal's proceedings remain undisturbed by their use.
Justice Vaibhavi D Nanavati observed, "The respondent No.1 may put reasonable restrictions which resultantly would not disturb the Court proceedings. An absolute restriction on use of mobile phones and other electronic devices be modified in an appropriate manner considering the spirit and the order passed by the Hon'ble Apex Court, as also the directions issued from time to time, to be technologically adept and to see to it that the advocates, litigants and the Courts are technologically adept,
The aforementioned development arose from a writ petition that sought directives to the NCLT Bench to allow the use of electronic devices, aligning with the guidelines set forth by the Supreme Court in the case of Sarvesh Mathur v.
The Registrar General, Punjab, and Haryana High Court. Senior counsel Percy Kavina, representing the petitioner, urged the Court to expedite the hearing of the matter, citing that the legal profession has been significantly hindered by the current order, bringing their work to a halt.
"The order is displayed on the notice board, and this petition aims to challenge that order. The work of numerous lawyers has been halted as a result. Many of us don't even possess a hard copy of the petition," stated the senior counsel. In response, Justice Nanavati agreed and scheduled the matter for hearing on Tuesday.
Senior Counsel Kavina argued that the Court should utilize its extraordinary jurisdiction under Article 226 of the Constitution of India to direct the NCLT to allow the utilization of electronic devices such as mobile phones, laptops, tablets, and notebooks during hearings and proceedings, aligning with the guidelines established by the Supreme Court in the case of Sarvesh Mathur v. The Registrar General, Punjab and Haryana High Court in W.P. (Cri.) No. 351/2023 2023 LiveLaw (SC) 871.
Kavina highlighted that the NCLT had posted a notice outside the courtroom, explicitly forbidding the use of mobile phones and other electronic devices. Furthermore, Kavina emphasized that in this era, both the legal practitioners and the judiciary rely heavily on electronic gadgets. He argued that such a notice significantly hampers the efficiency of their work.
Case Title: NIPUN PRAVEEN SINGHVI Versus NATIONAL COMPANY LAW TRIBUNAL
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