The Mumbai Bench of the NCLT has today issued a notice putting strict rules around the age-old practice of ‘mentioning’. Mentionings are typically done by lawyers before the court when the subject matter requires urgent relief..Until now, lawyers would seek urgent listing of matters before the NCLT, by mentioning the matter before the bench for urgent consideration. Lawyers would pass on a ‘praecipe‘ (a practice unique to Mumbai) to the bench explaining the urgent circumstances that necessitated the mentioning..The notice issued by the NCLT now requires that any mentioning can only be done after a miscellaneous application for such mentioning has been filed a day prior to the mentioning. Effectively, lawyers will no longer be allowed to mention cases merely using a ‘praecipe‘. The notice also records that a miscellaneous application seeking urgent mentioning must be accompanied by a demand draft of Rs. 1000, which will be non-refundable..The power of the NCLT to issue such directions can be traced back to Sections 403 of the Companies Act, 2013 read along with Rule 112 of the NCLT Rules, 2016.
The Mumbai Bench of the NCLT has today issued a notice putting strict rules around the age-old practice of ‘mentioning’. Mentionings are typically done by lawyers before the court when the subject matter requires urgent relief..Until now, lawyers would seek urgent listing of matters before the NCLT, by mentioning the matter before the bench for urgent consideration. Lawyers would pass on a ‘praecipe‘ (a practice unique to Mumbai) to the bench explaining the urgent circumstances that necessitated the mentioning..The notice issued by the NCLT now requires that any mentioning can only be done after a miscellaneous application for such mentioning has been filed a day prior to the mentioning. Effectively, lawyers will no longer be allowed to mention cases merely using a ‘praecipe‘. The notice also records that a miscellaneous application seeking urgent mentioning must be accompanied by a demand draft of Rs. 1000, which will be non-refundable..The power of the NCLT to issue such directions can be traced back to Sections 403 of the Companies Act, 2013 read along with Rule 112 of the NCLT Rules, 2016.