Delhi is not India, Constitution envisages federal setup: Madras High Court while hearing plea against posting of only new cases at NCLAT Chennai

There is India beyond the National Capital Region (NCR) and Delhi cannot be considered synonymous with the rest of the country, the Madras High Court emphasised on Wednesday. .The comments by the High Court touching upon the federal structure of the country envisaged by the Constitution, came while hearing a plea challenging the decision of the Central government to allow the hearing of only new cases at the recently established National Company Law Appellate Tribunal (NCLAT), Chennai. .The Court referred to the apparent reluctance in transferring older cases from Delhi to the Chennai Bench of NCLAT. "Let the country exist beyond NCR. The Constitution speaks of a federal structure. Delhi is not India and we hope we are loud enough," said Chief Justice Sanjib Banerjee. .The Central Government, through Advocate V Sudha, today made submissions justifying the decision to retain old cases that would otherwise fall under the NCLAT, Chennai's jurisdiction at the Principal Bench in Delhi. .In this regard, she raised concerns over space constraints in setting up a record room at the Chennai Bench and difficulties arising on account of the ongoing COVID-19 pandemic. Chief Justice Sanjib Banerjee, however, responded, ."Why do you want record room? Digitise them from day one. If you want excuses there can be hundreds of excuses ... COVID is not the panacea for every kind of abuse of authorities.".The Court proceeded to adjourn the case till after the impending summer vacation since the Centre's affidavit in the matter was not immediately available. .Plea filed before Madras High Court challenging decision to allow hearing of only new cases at NCLAT Chennai Bench .The interim order passed on Wednesday by Chief Justice Banerjee and Justice Senthilkumar Ramamoorthy, however, urged the Central government to consider transferring older cases from NCLAT, Delhi to Chennai by the next hearing, in addition to calling for the digitisation of records..Since the NCLAT Chennai Bench is at a nascent stage, modes of e-filing and a paperless form of adjudication should be adopted, the Court opined. .Highlights of the interim order passed include:1. It is hoped that the 350 matters which otherwise ought to be taken up by Chennai Bench will be made ready for transportation before the matter is taken up next upon the COVID situation improving.2. Every effort should be made to start with digitisation as soon as possible so that the minimum of hard copies need to be preserved and preservation would only in form of digital recourse without meta data linked.3. There is also an advanced system of digitisation which has been embarked upon in the Madras High Court. If necessary NCLAT, Chennai may replicate the same so that preservation of papers after the completion of matter may not be necessary..Petitioner CA V Venkatasivakumar appeared party-in-person. Senior Advocate Arvindh Pandian appeared for the Corporate and insolvency Bar Association.