Kolkata: The Calcutta High Court has dismissed a plea challenging the shifting of the National Company Law Tribunal (NCLT), Kolkata Bench, to New Town while highlighting that the plans to shift the High Court to the same place is in the pipeline.
The bench of Justice Amrita Sinha was hearing the writ petition challenging the act of the Centre to shift the NCLT, Kolkata bench from its present location at 5, Esplanade Row West, B.B.D. Bag to Corporate Bhawan at New Town. Petitioners submitted that the building where NCLT is currently located is in the vicinity of the High Court and has enough space to house the benches presently functioning. The present location is easily accessible by all stakeholders, including the advocates, their staff and the litigants. It was contended that the place where NCLT is sought to be shifted is in an extremely remote area, approximately twenty-eight kilometres away from the High Court. The place is not properly accessible. There is a lack of supportive infrastructure in and around the new site. None of the stakeholders will be able to avail the facility for which the tribunal has been set up. Further, it was contended that there is high chance of the judiciary being influenced if the corporate affairs department is permitted to set up the infrastructural facility of NCLT The Deputy Solicitor General, appearing for the Centre, submitted that the pleading relating to interference was an oral submission and not part of the writ petition. The decision to shift the venue is a policy decision and the court ought not to interfere with the same. It was not a PIL. Hence, petitioners can’t claim themselves as aggrieved parties.
On the location issue, the court observed: “These are the initial birth pangs which occur whenever a new site or a place is tried to be developed. One has to overcome these factors to achieve anything new. Over a period of time the subject place will definitely be bustling with life.” “The shift of the location of the High Court to New Town is also in the pipeline, and may be, over a period of time, both the institutions will again be in the vicinity of the other,” court observed. On the interference part, the court observed: “True, in the instant case also the new building is being set up by the Ministry of Corporate Affairs. The Union of India ought to take a reformative step in this regard. The same, however, cannot be a ground to stall the shift from the old building to a new one at a different location.”