Is Rouse Avenue Bar Associates a Bar Association? Delhi HC asks BCD to considerApril 18 2019
The Delhi High Court has directed the Bar Council of Delhi (BCD) to consider the application filed by the Rouse Avenue Bar Associates seeking recognition as a bar association in terms of the Advocates Welfare Fund Act, 2001.
The Court has directed the BCD to refrain from circulating any derogatory messages regarding the Rouse Avenue Bar Associates in the meantime.
The order was passed by a Single Judge Bench of Justice Vibhu Bakhru while hearing an application by the Rouse Avenue Bar Associates assailing an April 3 communication by the BCD rejecting its request for issuance of Advocates’ Welfare Fund stamps.
The petitioner society had also prayed for appropriate directions to the BCD to accord recognition to it as a bar association.
BCD defended the decision to not issue welfare fund stamps to the petitioner on the ground that it was not an association recognized under Section 16 read with Section 26 of the Advocates Welfare Fund Act, 2001.
After hearing the counsel for BCD, the Court recorded that the challenge to the communication was unmerited.
“Concededly, the said recognition has not been granted as yet and, therefore, the decision of the Bar Council not to distribute Advocates Welfare Fund Stamps to the petitioner cannot be faulted, as the same is in conformity with subsection (6) of section 26 of the Advocates Welfare Fund Act, 2001."
Since the petitioner’s application under Section 16(2) was pending, the Court directed the Council to make such inquiry as it deems necessary for recognition of the petitioner as a bar association.
Issuing notice to the BCD, the Court has directed it to file a reply within a period of two weeks.
The matter will be heard next on July 24.
Senior Advocate Ashok K Singh and Advocate Ashutosh Ranjan appeared for the petitioner.
BCD was represented by Advocates Ajayinder Sangwan, Nitin Ahlawat, and Summinder Paswan.
Read the order:Rouse Avenue Bar Associates vs BCD_watermark (1)
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