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. 

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.

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