Uttarakhand High Court
Amrish Kumar Agrawal vs Bar Council Of Uttarakhand And Another on 21 October, 2019
Author: Alok Kumar Verma
Bench: Ramesh Ranganathan, Alok Kumar Verma
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Special Appeal No. 960 of 2018
Amrish Kumar Agrawal .............Petitioner
Vs.
Bar Council of Uttarakhand and another
..............Respondents
Present:
Mr. A.S. Rawat, learned Senior Advocate assisted by Mr. P.C. Petshali, learned Advocate for the
petitioner.
Ms. Aklema Parveen, learned Advocate holding brief of Mr. Piyush Garg, learned Advocate for
respondent No.1.
Mr. M.C Pant, learned Advocate for respondent No.2.
Dated: 21st October, 2019
Coram: Hon'ble Ramesh Ranganathan, C.J.
Hon'ble Alok Kumar Verma, J.
Ramesh Ranganathan, C.J. (Oral) After hearing the rival contentions, it does appear, prima facie, that the order, removing the petitioner from the membership of the Association, is bereft of reasons. The earlier notices, placed on record on behalf of the respondents, disclose the failure of the petitioner to deposit Advocate Welfare Funds Stamps of Rs.10/- for each vakalat filed by him. On the specious plea that Standing Counsels for local bodies are similarly situated to Government Advocates, and are therefore exempt from the requirement of paying any amount towards Advocate Welfare Funds Stamps, the petitioner appears to have avoided payment of the said amount.
2. All advocates, including Standing Counsel for local bodies, can only appear on behalf of a party/institution after entering appearance by way of a vakalat, and each such vakalat must be affixed with a `10/- Advocate Welfare Fund Stamp. The petitioner is, therefore, obligated to deposit the amounts due towards Advocate Welfare Fund Stamps.
3. Mr. M.C. Pant, learned counsel appearing on behalf of the Kashipur Bar Association, would submit that Bar Association would intimate the petitioner, of the amounts due from him towards Advocate 2 Welfare Fund Stamps, which were not affixed on the vakalats filed by him, on or before 06.11.2019.
4. Mr. A.S. Rawat, learned Senior Counsel appearing on behalf of the petitioner, undertakes that the petitioner would pay the amounts due, towards Advocate Welfare Fund Stamps, within ten days thereafter, and to report compliance to this Court by the next date of hearing.
5. Post this case on 19.11.2019 in the daily list.
6. Let a certified copy of this order be supplied to the learned counsel for the parties, on payment of the prescribed charges, by 22.10.2019.
(Alok Kumar Verma, J.) (Ramesh Ranganathan, CJ.) 21.10.2019 Sanjay /NEHA