1 IN THE HIGH COURT OF DELHI AT NEW DELHI Writ Petition (Civil) No. _________ of 2018. In the matter of : Dushyant Aniruddha Dave …Petitioner VERSUS Bar Council Of India & Anr. …Respondents URGENT APPLICATION To, The Deputy Registrar, Delhi High Court, New Delhi. Sir, Kindly treat the accompanying petition as an urgent one in accordance with the High Court Rules and Orders. The grounds of urgency are: Urgent Orders and Directions are prayed for. New Delhi. Dated: 26.02.2018. ADITYA GARG Counsel for Petitioner. 226, Lawyers’ Chamber Block – 1, Delhi High Court, New Delhi. E: [email protected]P: +91 98102 46585 Bar & Bench (www.barandbench.com)
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IN THE HIGH COURT OF DELHI AT NEW DELHI Writ Petition (Civil) No. _________ of 2018.
In the matter of:
Dushyant Aniruddha Dave …Petitioner
VERSUS
Bar Council Of India & Anr. …Respondents
URGENT APPLICATION
To, The Deputy Registrar, Delhi High Court, New Delhi. Sir, Kindly treat the accompanying petition as an urgent one in accordance with the
High Court Rules and Orders.
The grounds of urgency are:
Urgent Orders and Directions are prayed for.
New Delhi. Dated: 26.02.2018.
ADITYA GARG Counsel for Petitioner.
226, Lawyers’ Chamber Block – 1, Delhi High Court, New Delhi.
IN THE HIGH COURT OF DELHI AT NEW DELHI Writ Petition (Civil) No. _________ of 2018.
In the matter of:
Dushyant Aniruddha Dave …Petitioner
VERSUS
Bar Council Of India & Anr. …Respondents
NOTICE OF MOTION
Standing Counsel, Bar Council of India, Delhi High Court, New Delhi Sir, Please find enclosed herewith a copy of Writ Petition (Civil) No. ______/ 2018,
being filed on behalf of the petitioner.The same is likely to be listed before
Hon'ble Court on 27.02.2018 or any date soon thereafter.
Please take notice accordingly.
Yours faithfully,
New Delhi. Dated: 26.02.2018.
ADITYA GARG Counsel for Petitioner.
226, Lawyers’ Chamber Block – 1, Delhi High Court, New Delhi.
IN THE HIGH COURT OF DELHI AT NEW DELHI Writ Petition (Civil) No. _________ of 2018.
In the matter of:
Dushyant Aniruddha Dave …Petitioner
VERSUS
Bar Council Of India & Anr. …Respondents
WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, READ WITH SECTION 151 CPC, SEEKING ISSUANCE OF A WRIT OF MANDAMUS, CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION QUASHING AND SETTING ASIDE THE ORDER OF THE RESPONDENT NO. 1, DATED 24.01.2018, COMMUNICATED UNDER LETTER OF 09.02.2018,AND ALL CONSEQUENT ACTIONS PURSUANT THERETO, INCLUDING, BY THE RESPONDENT No.2
To
The Hon’ble The Acting Chief Justice, and her companion justices of, The Hon’ble High Court of Delhi, New Delhi.
The humble petitioner above named most respectfully showeth:
1. Thatthe Petitioner is an Advocateand duly designated as a Senior
Advocate and regularly practices before various Hon’ble Courts. The
Petitioner was enrolled as an Advocate on the roll of the Bar
Council of Gujarat under the provisions of Section 17 of the
Advocates Act 1961 on 7th July, 1978 and has been regularly
practising since then. The Enrolment Number of the Petitioner is
G/293/1978.
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2. That Respondent No. 1is the Bar Council of India constituted under
Section 4 of the Advocates Act, 1961 (hereinafter referred to as the
“Act”). Respondent no. 2 is the State Bar Council of Gujarat
constituted under S. 3 (1) (a) of the Advocates Act, 1961.The
Respondents are amenable to the extra-ordinary original writ
jurisdiction of this Hon’ble Court under Article 226 of the
Constitution.
3. The Petitioner is constrained to approach this Hon’ble Court being
aggrieved by the order dated 24.01.2018 passed by a Sub-
Committee of the Respondent No. 1 and stated to have been
ratified by its General Council on 04.02.2018. The said order was
forwarded under the letter of the Secretary of the Respondent No.1
dated 09.02.2018and was received by Petitioner on 16.02.2018. A
true copy of the said letter dated 9.2.2018 and order dated
24.01.2018, along with the annexures thereto, are annexed hereto
and marked as ANNEXURE P-1 (Colly). By the aforesaid order, it
has been ordered, inter-alia as under:
“This Council has received complaints from Mr. R P Luthra an
Advocate of Supreme Court of India and some of the Bar
Associations and Advocates of different parts of the country
in this regard. In our opinion, it would be proper to request
and direct the Bar Council of Gujarat (Special Committee) to
look into and decide the complaint within a period of two
weeks from the date of receipt of this order. The State Bar
Council of Gujarat shall hear the matter at the earliest and
decide it by 28th February, 2018. Mr. Dushyant Dave may file
his reply, if any, on the date fixed by the Bar Council of
Gujarat.
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The Special Committee shall constitute a Sub-Committee
consisting of one Hon’ble Judge of High Court, a Senior
Advocate of Gujarat High Court and one Senior Advocate of
other High Court. The Sub-Committee shall also include either
the Chairman or a Member of Special Committee. Since the
misconduct appears to be a continuing one, therefore, such
directions are being issued to conclude the proceedings
expeditiously.
Let a copy of this order along with complaint of Mr. R P
Luthra be sent to Mr. Dushyant Dave for the needful. The
office is to communicate this order to Bar Council of Gujarat
along with complaints at the earliest. The State Bar Council
will also examine the statements and media reporting before
passing any order in the matter.”
The Petitioner having been enrolled with Respondent No. 2 is
subject to its jurisdiction. Respondent No. 1 has exercised a
jurisdiction not vested in it by law in issuing various directions to
the Respondent No.2; to initiate disciplinary proceedings against
the Petitioner; the constitution of a Sub-Committee of the
Respondent No. 2 and the timeline for conclusion thereof. The
Petitioner has not received anycommunication so far from
Respondent No. 2.
4. That the Petitioner begs to impugn the order passed by Respondent
No. 1 as being wholly without jurisdiction and/or without the
authority of law and therefore being completely void ab initio. The
Petitioner also seeks to impugnthe aforesaid order on the ground
that it has been accentuated by legal malice, issued in colourable
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exercise of assumption of power and to achieve a collateral
purpose to harm the reputation and goodwill established and
achieved by the Petitioner during his practice spread over four
decades. The Petitioner seeks to impugnthe said order on the
ground that it is not only contrary to provisions of the Act but
violative ofArticles 14, 19(1) (g) and 21 of Constitution of India and
is therefore liable to be quashed and set aside.
5. That the brief facts of the case leading to the present Writ Petition
are as under:
A. That one Shri. R. P.Luthra, Advocate, appears to have madean
undated complaint to the Secretary of the Respondent No. 1
IN THE HIGH COURT OF DELHI AT NEW DELHI Writ Petition (Civil) No. _________ of 2018.
In the matter of:
Dushyant Aniruddha Dave …Petitioner
VERSUS
Bar Council Of India & Anr. …Respondents
AFFIDAVIT OF SH. DUSHYANT ANIRUDDHA DAVE, S/O SH. ANIRUDDHA DAVE, (AGED ABOUT 63 YEARS), R/O 134, SUNDAR NAGAR, NEW DELHI. I, the above-named Deponent do hereby solemnly affirm and declare as under:
1. I am the petitioner in the above case and am conversant with the facts of
the case. I am competent to depose this affidavit.
2. That the accompanying Writ Petition under Article 226 of the
Constitution of India has been drafted by my Counsel under my
instructions and nothing material has been concealed therefrom. The
contents thereof are true and correct.
3. The Petitioner has not filed a similar petition in any other Court of Law.
The annexures filed with the petition are true copies of their originals.
DEPONENT
VERIFICATION
I the above named deponent do hereby verify that the contents of the above
affidavit are true and correct to my knowledge and no part of the same is false.
Verified at New Delhi on this ____ day of February, 2018.
DEPONENT
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IN THE HIGH COURT OF DELHI AT NEW DELHI CM Appl No. _____ of 2018
IN Writ Petition (Civil) No. _________ of 2018
In the matter of:
Dushyant Aniruddha Dave …Petitioner
VERSUS
Bar Council Of India & Anr. …Respondents
APPLICATION UNDER SECTION 151 OF CODE OF CIVIL PROCEDURE FOR
INTERIM DIRECTIONS.
Most Respectfully Showeth:
1. That the Petitioner has filed the accompanying writ petition and the
same is pending disposal. The facts and circumstances giving rise to
the filing of the present application have been stated in detail in the
writ petition and the same are not being repeated herein for the
sake of brevity. The Petitioner prays that the same may be read as
an integral part and parcel of the present application.
2. That upon the issue of the letter dated 09.02.2018 the next
consequential step would be, as a next step, to initiate proceedings
against Petitioner by conducting Enquiry, which would not only be
an arbitrary exercise of power but also an abuse of statutory
powers on part of the Respondents. In any event, the Petitioner
would be put to extreme prejudice and hardship, if such step is
initiated by the Respondents.
3. It is further most humbly submitted that the Petitioner verily
believes that since the Respondent has already initiated the Enquiry
there is an imminent threat of coercive steps being taken against
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the Petitioner which would affect the standing and reputation
enjoyed by the Petitioner and cause irreparable damage to his
goodwill in the profession.
4. That the Petitioner has a prima facie good case in his favour and
against the Respondent and there is every likelihood of his success
in the Writ Petition. The actions of the Respondent No. 1 are the
consequence of an exercise of a jurisdiction not vested in the said
Respondent by law. The balance of convenience lies in favour of the
Petitioner and against the respondent.
5. That the Petitioner will suffer irreparable loss and injury which
cannot be compensated in terms of money, if any coercive action is
taken by the respondent in furtherance of the impugned order,
which is under challenge before this Hon'ble Court.
6. That this application is filed bona fide and in the interest of justice.
PRAYER
In view of the submissions made hereinabove, it is most humbly and
respectfully prayed that pending disposal of the present writ petition this
Hon’ble Court may be pleased to:
a. Stay the operation and implementation of order dated 24.01.2018
and restrain the Respondents from acting further in pursuance
thereof and taking any further or other action whatsoever;
b. Pass ex-parte and ad-interim orders in terms of prayer (a) above
and confirm the same after notice to the Respondents.
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c. Any other relief which this Hon’ble Court may deem fit and proper
in the facts and circumstances of the case may kindly be granted in
favour of the applicants/petitioners and against the respondents.
Petitioner.
Through
New Delhi. Dated: 26.02.2018.
ADITYA GARG Counsel for Petitioner.
226, Lawyers’ Chamber Block – 1, Delhi High Court, New Delhi.
IN THE HIGH COURT OF DELHI AT NEW DELHI CM Appl No. _____ of 2018
IN Writ Petition (Civil) No. _________ of 2018
In the matter of:
Dushyant Aniruddha Dave …Petitioner
VERSUS
Bar Council Of India & Anr. …Respondents
AFFIDAVIT OF SH. DUSHYANT ANIRUDDHA DAVE, S/O SH. ANIRUDDHA DAVE, (AGED ABOUT 63 YEARS), R/O 134, SUNDAR NAGAR, NEW DELHI. I, the above-named Deponent do hereby solemnly affirm and declare as under:
1. I am the petitioner in the above case and am conversant with the facts of
the case. I am competent to depose this affidavit.
2. That the accompanying application under Section 151 of Code of Civil
Procedure, for interim directions, has been drafted by my Counsel under
my instructions and nothing material has been concealed therefrom. The
contents thereof are true and correct.
DEPONENT
VERIFICATION
I the above named deponent do hereby verify that the contents of the above
affidavit are true and correct to my knowledge and no part of the same is false.
Verified at New Delhi on this ____ day of February, 2018.
DEPONENT
Bar & Bench (www.barandbench.com)
37
IN THE HIGH COURT OF DELHI AT NEW DELHI CM Appl No. _____ of 2018
IN Writ Petition (Civil) No. _________ of 2018
In the matter of:
Dushyant Aniruddha Dave …Petitioner
VERSUS
Bar Council Of India & Anr. …Respondents
APPLICATION UNDER SECTION 151 OF CPC, 1908 FOR EXEMPTION FROM FILING ORIGINAL AND/OR CERTIFIED COPIES OF THE ORIGINALS.
Most Respectfully Showeth:
1. That the petitioner above named has filed the present writ petition,
before this Hon'ble Court.
2. That the petitioner has filed photocopies of some documents the
certified copies of which are not in his possession. The Petitioner
undertakes to produce for inspection/file at the appropriate time the
certified copies or the originals of documents relied upon.
PRAYER
Under circumstances it is prayed that an exemption may kindly be
granted to the Petitioner at this time from filing such documents.
Any other relief which this Hon'ble Court may deem fit and proper in the
facts and circumstances of the case, may kindly be granted in favour of
the Petitioner.
New Delhi. Dated: 26.02.2018.
ADITYA GARG Counsel for Petitioner.
226, Lawyers’ Chamber Block – 1, Delhi High Court, New Delhi.
IN THE HIGH COURT OF DELHI AT NEW DELHI CM Appl No. _____ of 2018
IN Writ Petition (Civil) No. _________ of 2018
In the matter of:
Dushyant Aniruddha Dave …Petitioner
VERSUS
Bar Council Of India & Anr. …Respondents
AFFIDAVIT OF SH. DUSHYANT ANIRUDDHA DAVE, S/O SH. ANIRUDDHA DAVE, (AGED ABOUT 63 YEARS), R/O 134, SUNDAR NAGAR, NEW DELHI. I, the above-named Deponent do hereby solemnly affirm and declare as under:
1. I am the petitioner in the above case and am conversant with the facts of
the case. I am competent to depose this affidavit.
2. That the accompanying exemption application under Section 151 of Code
of Civil Procedure has been drafted by my Counsel under my instructions
and nothing material has been concealed therefrom. The annexures are
true copies of their respective originals.
DEPONENT
VERIFICATION
I the above named deponent do hereby verify that the contents of the above
affidavit are true and correct to my knowledge and no part of the same is false.
Verified at New Delhi on this ____ day of February, 2018.
DEPONENT
Bar & Bench (www.barandbench.com)
39
IN THE HIGH COURT OF DELHI AT NEW DELHI Writ Petition (Civil) No. _________ of 2018
In the matter of:
Dushyant Aniruddha Dave …Petitioner
VERSUS
Bar Council Of India & Anr. …Respondents
INDEX
S. No. Particulars Pgs.
1. Urgent Application 1
2. Notice of Motion 2
3. Memo of Parties 3
4. Court Fees 4 – 5
5. Synopsis &List of Dates 6 – 7
6. Writ Petition along with supporting affidavit. 8 – 32
7. ANNEXURE P-1(Colly): A true copy of the letter dated 09.02.2018, order dated 24.01.2018, and the undated complaint of Mr. R. P. Luthra, Advocate, along with typed copy.
33 – 52
8. ANNEXURE P-2 (Colly): A true copy of the Press Statement dated 28.09.2017 issued by Respondent no. 1, along with typed copy thereof and true copies of news clippings published in various media, electronic and print.
53 –74
9. Application under S. 151 CPC for interim directions along
with supporting affidavit.
75 – 78
10. Application under S. 151 CPC for exemption along with
supporting affidavit.
79 – 80
11. Vakalatnama. 81
New Delhi. Dated: 26.02.2018.
ADITYA GARG Counsel for Petitioner.
226, Lawyers’ Chamber Block – 1, Delhi High Court, New Delhi.