"Calcutta HC: No Stay on NCLT Shift, Lawyer's Inconvenience Not Sufficient"

The Calcutta High Court has refused to block the planned move of the National Company Law Tribunal (NCLT) premises to Rajarhat, Kolkata, despite objections from several lawyers about the new location being far from the city center. Justice Shampa Sarkar stated that it would not be appropriate for the court to stop the relocation. The judge noted that the new building in Rajarhat is already completed, and in earlier hearings, no temporary relief was given to the lawyers. She emphasized that the inconvenience to lawyers is not a valid reason to interfere with a policy decision, especially since the public has not been affected by this move. On the contrary, the modern facilities and improved infrastructure at the new location are expected to benefit everyone. The court was hearing a request from several lawyers to halt the move of the NCLT from an old heritage building near the High Court to a new building in Rajarhat. The previous judge had also rejected a similar plea from the lawyers. According to the court, the NCLT has the authority to decide its location as per Rule 8 of the NCLT Rules. The current NCLT building lacks sufficient space and infrastructure, making it difficult to add more benches. The new premises, built by the Central Public Works Department at a cost of Rs. 132.65 crores, aim to address these issues. The court noted that it was a policy decision of the Central Government to relocate the NCLT to provide better facilities and bring together various offices of the Ministry of Corporate Affairs, including the Serious Fraud Investigating Office (SFIO), in one location. Due to the heritage status of the existing building, any changes or expansions are not allowed. To address the concerns of the lawyers, the court clarified that they are allowed to appear in NCLT matters virtually if needed, to reduce any inconvenience caused by the move. Case: NCLT Advocates Bar Association, Kolkata & Ors. Versus Union of India & Ors Case No: W.P.A. No. 4927 of 2023 www.legalmeet.in