HCBA demands establishment of 3 key judicial benches in Nagpur
   Date :06-Jun-2023

judicial benches in Nagpur 
 
 
Staff Reporter
The High Court Bar Association (HCBA) of Nagpur has made a fervent plea to Union Minister for Road Transport, Nitin Gadkari, and Deputy Chief Minister (DCM), Devendra Fadnavis, urging them to establish key judicial benches in Nagpur. In a memorandum submitted by HCBA President, Adv Atul Pande, and Secretary, Adv Amol Jaltare, three major demands were highlighted -- constitution of bench of Debts Recovery Appellate Tribunal (DRAT), constitution of National Company Law Tribunal (NCLT) and constitution of permanent regional bench of National Consumer Disputes Redressal Commission (NCDRC) in Nagpur.
First, the HCBA called for the constitution of a DRAT bench in Nagpur. Currently, while the Debts Recovery Tribunal (DRT) operates in Nagpur to address bank and borrower grievances, the appellate tribunal is located in Mumbai. This geographical disparity often hampers litigants from seeking redressal through appeals, impeding the cause of justice. Moreover, the DRAT Mumbai, already burdened with a high caseload from Mumbai, Aurangabad, Nagpur, Goa, and Gujarat, faces difficulties in expediting the disposal of cases. The establishment of a DRAT bench in Nagpur would reduce the burden and ensure timely justice for litigants from even Chhattisgarh, the appellate tribunal of which is presently in Allahabad.
Secondly, the HCBA emphasised the need for a NCLT bench in Nagpur. With the introduction of the Insolvency and Bankruptcy Code, various litigations previously adjudicated by the Nagpur High Court were transferred to the NCLT in Mumbai. This relocation has caused significant hardships for litigants in Nagpur. While Nagpur had been considered for establishing the NCLT, the plan was eventually abandoned, leading to the current situation. The HCBA is urging the authorities to reconsider and facilitate the establishment of an NCLT bench in Nagpur, thus providing a more accessible avenue for resolving corporate disputes.
Lastly, the HCBA pressed for the formation of a permanent regional bench of the NCDRC in Nagpur. Presently, the NCDRC operates exclusively from New Delhi, resulting in a backlog of approximately 25,000 pending cases. With only eight members handling the workload, the commission struggles to provide prompt resolution. By establishing a regional bench in Nagpur, centrally located and well-connected, the NCDRC could better serve the needs of consumers from adjoining states, effectively reducing the burden on the commission and ensuring timely justice.
Responding to the HCBA's memorandum, Union Minister Nitin Gadkari took note of the demands and promptly wrote letters to Minister of Law and Justice, Kiren Rijiju, and Minister of State for Finance, Dr. Bhagwat Karad. Both ministers responded positively, assuring their commitment to look into the matter. HCBA President Adv Pande told ‘The Hitavada’ that the establishment of these benches would not only alleviate the burden on existing judicial bodies but also provide convenient access to litigants, reducing hardship and delays in the legal process.