The Gujarat High Court has raised concerns regarding the National Company Law Tribunal’s (NCLT) prohibition on electronic devices during hearings. Nipun Singhvi, a practicing lawyer at NCLT, contested the ban, supported by counsels Percy Kavina and Vishal Dave, referencing the Supreme Court’s Sarvesh Mathur case order. Justice V. D. Nanavati directed NCLT to allow the use of electronic devices unless otherwise dictated by court orders, emphasizing the need for practical restrictions that do not disrupt court proceedings.
Ahmedabad: On Tuesday, the Gujarat High Court issued notice of the National Company Law Tribunal (NCLT) in response to its ban on mobile phones and electronic devices within courtrooms during hearings. Nipun Singhvi, a practicing lawyer at NCLT, contested the decision, supported by counsels Percy Kavina and Vishal Dave, who referenced the Supreme Court’s Sarvesh Mathur case order and urged for the allowance of mobiles, laptops, tablets, and notebooks unless they disrupt proceedings.
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“An absolute restriction on the use of mobiles and other electronic devices be modified in an appropriate manner considering the spirit and the order passed by the apex court, as also the directions issued from time to time, and to see to it that the advocates, litigants and the courts are technologically adept.” While asking the NCLT to modify its notice, the high court also underscored, “The decorum of the court is also expected to be maintained.”
-The bench stated
Justice V. D. Nanavati directed NCLT to enable the use of electronic devices like laptops, tablets, and notebooks unless court orders dictate otherwise. In the Apex Court’s directives, the judge advised NCLT to revise its notice, emphasizing the need for reasonable restrictions that don’t interfere with court proceedings, the High Court’s commitment to ensuring practicality while upholding decorum during legal processes.
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They submitted that use of such gadgets must be permitted unless they disturb court proceedings.
Justice V D Nanavati asked the NCLT “to permit the use of electronic devices such as laptop, tablet and notebook, subject to further orders that may be passed by this court”. Referring to the apex court’s orders, the judge directed the tribunal to modify its notice. The HC has asked the NCLT that it “may put reasonable restrictions which resultantly would not disturb court proceedings”.
