LAWS(CAL)-2025-5-7

NCLT ADVOCATES BAR ASSOCIATION Vs. UNION OF INDIA

Decided On May 15, 2025
Nclt Advocates Bar Association Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) By this appeal, the correctness of the judgement of the learned Single Judge dtd. 25/3/2025 passed in W.P.A. No 4927 of 2025 (NCLT Advocates Bar Association, Kolkata bench & Ors v. Union of India Ors) has been questioned by the appellant herein, who were the petitioners in the writ petition.

(2.) The genesis of the dispute lies in the alleged denial of basic facilities to the members of the National Company Law Tribunal (hereinafter referred to as 'NCLT') Advocates Bar Association at the Kolkata Bench. The appellant/petitioner association had approached the Hon'ble High Court by filing a writ petition under Article 226 of the Constitution of India, contending that despite repeated representations made to the concerned authorities, including the Union of India and other stakeholders, there was a persistent failure to provide fundamental infrastructural support and basic amenities such as chambers, seating arrangements, washrooms and other necessary facilities essential for the smooth functioning and dignity of legal professionals practicing before the NCLT.

(3.) The Learned Single Judge, upon consideration of the pleadings and materials on record, allowed the writ petition and issued certain directions to the respondent authorities. Aggrieved by the same, the present appeal has been preferred by the appellant primarily on the ground that the directions passed by the learned Single Judge were not sustainable in law and had the effect of interfering with administrative and policy matters which were within the domain of the executive.