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Lawyer Cannot Be Faulted for Requesting NCLT to Upload Order on Website: NCLAT

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Bottom Line Up Front (BLUF)

The NCLAT ruled that a lawyer cannot be held responsible or penalized for requesting the NCLT to upload its order on the website. This decision by the National Company Law Appellate Tribunal emphasizes that such a request is a legitimate professional action and not a ground for adverse action against counsel.

Ratio Decidendi · Legal Principle Established

A lawyer's request for the National Company Law Tribunal (NCLT) to upload its order on the official website is a legitimate professional action aimed at ensuring transparency and access to justice, and does not constitute misconduct or a basis for adverse action.

Practice & Procedural Impact for Advocates

Advocates should feel confident in requesting NCLT/NCLAT benches to ensure timely uploading of orders without fear of reprisal. This ruling reinforces the right of counsel to seek transparency in judicial processes. Litigants benefit from increased accessibility to orders, aiding in timely compliance or further legal action.

Key Legal Takeaways

  • 1Requesting order uploads is a legitimate professional action for lawyers.
  • 2Lawyers cannot be penalized for seeking transparency in NCLT proceedings.
  • 3The NCLAT upholds the right to access judicial orders promptly.

The Legal Issue This ruling addresses the issue of whether a lawyer can be held accountable or face adverse consequences for merely requesting the National Company Law Tribunal (NCLT) to upload its pronounced orders on the official website. The core question revolved around the professional conduct of an advocate in seeking transparency and public access to judicial pronouncements, and whether such a request could be construed as an act warranting censure or penalty.

Court's Reasoning The National Company Law Appellate Tribunal (NCLAT) unequivocally held that a lawyer cannot be faulted for asking the NCLT to upload its order on the website. The Tribunal reasoned that such a request is a fundamental aspect of ensuring transparency and facilitating access to justice. It falls squarely within the legitimate professional duties of an advocate to ensure that judicial orders, once pronounced, are made publicly available in a timely manner. The NCLAT's decision underscores that seeking the uploading of orders is not an act of defiance or impropriety, but rather a reasonable expectation in a modern judicial system committed to openness.

Why It Matters This decision is significant for reinforcing the professional autonomy and duties of advocates before tribunals. It clarifies that advocating for procedural transparency, such as the timely uploading of orders, is a protected professional action and not a ground for adverse action. For the legal community, it provides assurance that legitimate requests aimed at improving the efficiency and accessibility of the judicial process will not be met with censure. For litigants, it indirectly supports their right to prompt access to judicial orders, which is crucial for understanding outcomes, planning next steps, and ensuring compliance. This ruling promotes greater accountability and transparency within the NCLT system.

Read the Bar & Bench report