CHENNAI: A division bench of Madras High Court on Monday reserved its decision on a petition filed for a direction to set aside the notification of the Registrar of National Company Law Tribunal (NCLT) directing the advocates who are appearing before the NCLT benches should wear gowns.
The bench comprising Justice R Mahadevan and Justice Mohammed Shaffiq reserved the orders on hearing a petition filed by advocate R Rajesh. The petitioner argued that a division bench of Justice K Ravichandrababu (since retired) and Justice TS Sivagnanam passed an interim stay on the notification issued by the NCLT Registrar.
"However, without complying with the court order, the Registrar of NCLT has again demanded the advocates to wear gowns before the benches of NCLT. The notification and subsequent orders passed by the NCLT Registrar is illegal, arbitrary, and devoid of merits," the petitioner submitted.
He further pointed out that the grounds for the interim stay passed by a division bench of Madras HC was that the notification is against the rules and regulations of the Bar Council of India. "As per the rules of BCI, the advocates should wear gowns while he or she is appearing before the Supreme Court and High Courts," the petitioner added.
Representing the Bar Council of India, advocate SR Raghunathan supported the cause of the petitioner contending that the NCLT Registrar could not issue such a statement as it is against the BCI rules.
The lawyer noted that since a new order was issued by the NGT Registrar despite the interim order being in operation, they sent a contempt notice to the registrar. After receiving the notice, the registrar had withdrawn the order, according to the BCI's counsel.
Recording the submissions, the bench reserved orders with an observation stating that the interim stay against the NCLT notification should hold good.