Key Points

In a formal representation to the Ministry of Corporate Affairs, the Association urged immediate intervention to address the crisis, which it says is severely hampering judicial operations.

In its representation to MCA Secretary Deepti Gaur Mukerjee, the NCLTBA referred to a public notice issued on September 3 that declared Courtrooms IV, V, and VI, located on the 8th floor of Block 3, CGO Complex, Lodhi Road, unsafe due to extensive roof seepage. The closure of these courtrooms has brought judicial functioning at the NCLT "to a near standstill," the Association stated.

The Tribunal currently operates from the 6th, 7th, and 8th floors of the CGO Complex. Even prior to the recent shutdown, the available space was described as "grossly inadequate". Court No. VI was operating only for half a day, and essential facilities such as a bar room, canteen, photocopying services, and sufficient staff accommodations were missing.

With only three courtrooms currently functional out of the required six, the Association warned that judicial operations have come to a grinding halt. It emphasised that this situation amounts to a denial of access to justice, violating Article 39A of the Constitution, which guarantees equal justice and free legal aid.

Commenting on the issue, Advocate Saurabh Kalia, Secretary General of the NCLT Bar Association, stated that the Tribunal was already grappling with serious infrastructural deficiencies. He cautioned that the closure of the eighth floor would leave only three of the six courtrooms operational, and without urgent remedial measures, the justice delivery system at NCLT could face a complete breakdown.

The Bar Association also expressed concern over the lack of progress in relocating the Tribunal to a more suitable facility. A Public Interest Litigation (PIL) filed in 2018 before the Delhi High Court seeking relocation remains unresolved. Although the Court had directed that the First Floor of the CGO Complex be allocated to the Tribunal, construction and renovation have stalled, and possession has yet to be handed over.

Following an emergency meeting on September 3, the NCLTBA resolved to escalate the issue further, warning that it may be forced to take "all necessary measures" if the government does not act swiftly. The representation has also been forwarded to key authorities, including the Chief Justice of India, the Minister of Finance and Corporate Affairs, the President of the NCLT, and the Joint Secretary of the MCA.

Concluding the representation, NCLTBA President Dr UK Chaudhary, Senior Advocate, expressed hope that the government would treat the matter with the urgency it demands and ensure the prompt restoration of judicial operations.

- ANI