A heated exchange took place on Tuesday at the Chennai Bench of the National Company Law Appellate Tribunal (NCLAT) after a lawyer pointed out to the tribunal that the Karnataka High Court has ordered the NCLAT to list a case on priority..Justice Sharad Kumar Sharma, who was heading the NCLAT Bench, questioned the authority of the High Court to pass such an order. ."Who is the High Court to order NCLAT when to list a matter? How is it the High Court's business to give directions to NCLAT?" he asked..The lawyer wanted his interim application against an order of the National Company Law Tribunal (NCLT) to be heardTherefore, he made an urgent mentioning before Justice Sharma requesting that the matter be listed.He had approached the High Court first before withdrawing and approaching NCLAT instead. He told Justice Sharma on Monday that the NCLAT itself had earlier asked for the matter to be heard on Monday. However, Justice Sharma said that he never assigns a date during mentioning. "I only say we will hear it and then the registry fixes a date," he said.The lawyer then mentioned that the High Court too had asked that the interim application be heard on Monday, prompting Justice Sharma to question the High Court's authority. Justice Sharma said that he has also come from the 'same side of the judiciary.' He said the NCLAT is an appellate tribunal independent of the High Court and as far as he understands, the High Court can at best make a request for listing a matter and not order or issue directions to NCLAT."My understanding is that at best, the High court can request, not order," he said..Justice Sharma was elevated to the Bench and took charge as an additional judge of Uttarakhand High Court in May 2017. He was made permanent in August 2018 before his retirement in December 2023.On January 30 this year, the Central government appointed him as a judicial member at NCLAT, Chennai,
A heated exchange took place on Tuesday at the Chennai Bench of the National Company Law Appellate Tribunal (NCLAT) after a lawyer pointed out to the tribunal that the Karnataka High Court has ordered the NCLAT to list a case on priority..Justice Sharad Kumar Sharma, who was heading the NCLAT Bench, questioned the authority of the High Court to pass such an order. ."Who is the High Court to order NCLAT when to list a matter? How is it the High Court's business to give directions to NCLAT?" he asked..The lawyer wanted his interim application against an order of the National Company Law Tribunal (NCLT) to be heardTherefore, he made an urgent mentioning before Justice Sharma requesting that the matter be listed.He had approached the High Court first before withdrawing and approaching NCLAT instead. He told Justice Sharma on Monday that the NCLAT itself had earlier asked for the matter to be heard on Monday. However, Justice Sharma said that he never assigns a date during mentioning. "I only say we will hear it and then the registry fixes a date," he said.The lawyer then mentioned that the High Court too had asked that the interim application be heard on Monday, prompting Justice Sharma to question the High Court's authority. Justice Sharma said that he has also come from the 'same side of the judiciary.' He said the NCLAT is an appellate tribunal independent of the High Court and as far as he understands, the High Court can at best make a request for listing a matter and not order or issue directions to NCLAT."My understanding is that at best, the High court can request, not order," he said..Justice Sharma was elevated to the Bench and took charge as an additional judge of Uttarakhand High Court in May 2017. He was made permanent in August 2018 before his retirement in December 2023.On January 30 this year, the Central government appointed him as a judicial member at NCLAT, Chennai,