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CASE PROCEEDINGS

  • The Court heard an appeal from Captain Atul Jain, who claimed to be an Air Force veteran and a bar member. He was primarily grieved that NCLAT and Delhi had asked the opposing counsel to file advance filings, which he contended were not allowed under the law.
  • It was also informed to the Bench by Mr. Jain that a single High Court Judge had previously rejected his appeal on that decision because in his plea he had used the slang "Tom, Dick, and Harry."
  • The Bench of the Division found that the order of a single Judge contains no error. In addition, in extraordinary situations or in the rarest unusual cases and if the Court has a special order, only then provide the Court with a copy of the document, without sending it to another side counsel.
  • The bench Stated that If any party or litigation before a Court/ Tribunal tenders any document to the Court/ Tribunal, a copy of that document must be sent to the opposing counsel as a law. The party in person has contended that there is no such rule or regulation. This Appellant's argument cannot be accepted.

CASE RELEVANCE

  • At the moment, the Delhi High Court has stated that whenever a party to a case submits a document to the Court/Tribunal, a copy of such document must be given to the opposing party unless the Court directs otherwise.
  • It also noted that an exemption from the foregoing position can only be requested in exceptional circumstances, such as those involving the Official Secrets Act and other similar provisions.
  • As a result, a Bench of Chief Justice DN Patel and Justice Jyoti Singh imposed a cost of Rs. 10,000 on a party seeking relief from a National Company Law Appellate Tribunal ruling compelling it to serve advance pleadings on the opposing party.

WHAT ARE YOUR VIEWS ON THE CASE?

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