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In a writ jurisdiction, HC can’t decide medium though which hearing to be conducted by NCLT rules, Gujarat HC

September 11, 2020[2020] 119 105 (Gujarat)

COMPANY LAW : Appellant company had argued that virtual proceedings in NCLT, Ahmedabad were unstable and full of technical snags, hence writ in nature of mandamus or any other writ /order/direction be issued to NCLT, Ahmedabad, to conduct proceedings in all applications by physical hearing as and when same is permitted by NCLT, Delhi Principal Bench, State of Gujarat and other authorities in light of COVID-19 pandemic

• However, medium/platform through which hearing is to be conducted by any authority is dependent on availability of resources, technology etc. In a writ jurisdiction, High Court cannot decide how and in what manner authority should conduct matter in such a situation. No one has any fundamental right or legal right to ask authority for a particular medium/platform through which hearing is to take place. Since different authority has different mode/medium/platform for purpose of hearing subject to resources and availability of technology, it is for adjudicating authority or its appellate authority to decide same.

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