Bar Council Of Uttar Pradesh And Anr vs Bar Council Of India And Ors.

Prathiba M. Singh, J

This hearing has been done through video conferencing.

CM APPL. 9303/2021 (urgent direction)

The present application for urgent directions has been filed by the Petitioner, Bar Council of Uttar Pradesh, seeking certain interim reliefs in this

petition. The apprehension expressed by the Petitioner is due to a letter dated 3rd March, 2021 by which the Chairman of the Committee appointed by

the Bar Council of India to take charge of the activities of the Petitioner had written to the Petitioner’s Bank to recognise the signatures of the

members of the Committee for smooth functioning of the Petitioner.

However, the said letter dated 3rd March 2021, was kept in abeyance by way of letter dated 5th March, 2021, issued by the Secretary of the Bar

Council of India. A copy of the letter dated 5th March, 2021, has been emailed to the Court Master today. It is however stated by Ms. Meenakshi

Arora ld. Sr. Counsel for the Petitioner, that though the letter dated 5th March 2021 had kept the earlier communication in abeyance, another letter

has been issued on 6th March 2021 by one of the committee members appointed by the BCI, superseding the Petitioner.

Mr. Preet Pal Singh, Ld. Counsel along with Mr. Manan Kumar Mishra, Chairman, Bar Council of India, has appeared and submits that the Bar

Council of India stands by its letter issued on 5th March, 2021, and any letter stated to have been written and communicated on 6th March, 2021, by

any member of the Committee appointed by the impugned Resolution dated 19th January, 2021, would not have the authority of the Bar Council of

India and would not be operational.

In view of this statement of Mr. Mishra, Chairman of the Bar Council of India, no further directions are required to be issued, at this stage, as the

Petitioner No.2’s rights to operate the bank accounts are not being currently interfered with by the BCI in any manner.

Insofar as the mediation proceedings, which were directed to be conducted vide order dated 3rd March, 2021, are concerned, the said mediation is

to take place in the Bar Council of India’s office on 15th March, 2021. For the said meeting, to the extent possible, few representatives of the

Petitioner could travel physically. In case any particular person is unable to travel, it is assured by the Respondent that required facilities shall be made

available for attending the mediation proceedings through hybrid mode as well.

On the next date, parties shall place on record, the minutes of the mediation proceedings which shall take place on 15th March, 2021, and any

resolution, which may be arrived at, between the parties.

It is assured to this court that till mediation proceedings are continuing, there shall be no interference in the everyday working of the Bar Council of

Uttar Pradesh. Further, if there is any issue that arises between today and 15th March 2021, i.e., the day of the mediation, the Petitioner’s counsel

may bring the same to the knowledge of the counsel for the Bar Council of India, so that appropriate remedial measures, if required, can be taken by

the BCI.

Application is disposed of in the above terms.

WP(C) 2493/2021

List on 9th April, 2021, the date already fixed.