Punjab-Haryana High Court
Mohinder Ahuja vs Bar Council Of Pb. And Hry. And Anr on 4 February, 2025
Neutral Citation No:=2025:PHHC:016608
CWP-27981
27981-2024 (O&M) and 1
CWP-29511
29511-2024 (O&M)
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
(263 + 270)) Date of Decision : 04.02.2025
1. CWP-27981
27981-2024 (O&M)
Mohinder Ahuja ...Petitioner
Versus
Bar Council of Punjab and Haryana and another ...Respondents
2. CWP-29511
29511-2024 (O&M)
Mohinder Ahuja ...Petitioner
Versus
Bar Council of Punjab and Haryana and another ...Respondents
CORAM: HON'BLE MR. JUSTICE KULDEEP TIWARI
Present: Mr. Onkar Singh Batalavi, Advocate and
Mr. Damanjeet Singh Batalvi, Advocate
for the petitioner(s).
Mr. Gagandeep Rana, Advocate
for respondent No.1.
Mr. Shiv K. Sharma, Advocate
for respondent No.2.
****
KULDEEP TIWARI,
TIWARI J.(ORAL)
1. Both the instant petitions are amenable to be decided together, therefore, both the instant petitions are taken up together for adjudication.
2. Through the instant writ petition, a prayer is made for issuance of a writ in the nature of certiorari, seeking quashing of interim orders dated 10.10.2024 and 11.10.2024 (Annexures P-16 P 16 and P P-20), respectively, passed by the respondent No.1, whereby, the request of the petitioner seeking hash 1 of 3 ::: Downloaded on - 08-02-2025 10:58:25 ::: Neutral Citation No:=2025:PHHC:016608 CWP-27981 27981-2024 (O&M) and 2 CWP-29511 29511-2024 (O&M) value and properties of electronic evidence evidence and request of summoning of witnesses was rejected arbitrary and illegally.
3. It is informed to this Court, that during the pendency of the instant petition(s), petition(s), the entire proceedings has been culminated and a final order was passed on dated 04.11.2024.. It is also informed to this Court, that the petitioner(s) petitioner has now challenged the final order, by filing a statutory appeal before the learned Appellate Authority, i.e. Bar Council of India (BCI), which is pending consideration.
4. Though the learned ed counsel for the petitioner petitioner(s),
(s), has drawn the attention of this Court toward the interim order passed on dated 25.10.2024, which authorize the Bar Council of Punjab and Haryana, to continue with the proceedings. However, the final order so passed was made subject to final outcome of the instant petition(s).
petition(s)
5. However, considering the fact that the petitioner(s) has already availed the remedy by filing a statutory appeal appeal,, before the learned Appellate Authority, in assailing the aforesaid interim orders, therefore, it would not be legally sound for this Court, to carry on witth the proceedings and to comment upon the final order, which is already challenged before the learned Appel Appellate late Authority concerned. Therefore, no further order is required to be passed in the instant petition(s), and the same are hereby closed.
6. However, liberty is reserved to the petitioner(s petitioner(s)) to raise all such pleas, which are raised before this Court, bbefore efore the learned Appellate Authority concerned.
concerned. It goes without saying that the learned Appellate Authority concerned, shall consider each and every plea plea, as raised by the petitioner before this Court, and decide the appeal by passing a speaking order.
2 of 3 ::: Downloaded on - 08-02-2025 10:58:26 ::: Neutral Citation No:=2025:PHHC:016608 CWP-27981 27981-2024 (O&M) and 3 CWP-29511 29511-2024 (O&M)
7. At this stage, learned counsel for the petitioner(s) has made the request that a mandamus be passed upon the Bar Council of India (BCI), which is the Appellate Authority concerned concerned, to decide the appeal in a time bound manner. Though, this Court is not aaware ware of the docket of the Bar Council of India, however, considering the submissions made before this Court, this Court deems it fit and appropriate to pass a mandamus upon the Bar Council of India (BCI), to make an efforts to decide the appeal within a period of one year from the date of receipt of certified copy of this order/judgment.
8. Consequently, the instant writ petition petition(s) are disposed of.
9. Pending applications, if any, stand disposed of accordingly.
10. Photocopy of this order be placed on the connected case file.
(KULDEEP TIWARI) JUDGE February 04, 2025 Manpreet Whether speaking/reasoned : Yes/No Whether reportable : Yes/No 3 of 3 ::: Downloaded on - 08-02-2025 10:58:26 :::