Delhi High Court - Orders
Lalit Sharma And Ors vs Union Of India And Ors on 24 January, 2025
Author: Yashwant Varma
Bench: Yashwant Varma, Rekha Palli, C. Hari Shankar
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 10363/2021
LALIT SHARMA AND ORS. .....Petitioners
Through: Mr. Sanjay Jain, Mr. Piyush
Beriwal, Mr. Neeraj, Mr. Satya
Ranjan Swain, Mr. Vedansh
Anand, Mr. Yash Tyagi, Ms.
Kautilya Birat, Mr. Sanjay Pal,
Mr. Rudra Paliwal and Mr.
Sandip Munian, Advs.
Dr. Amit George and Mr.
Arkanseil Bhaumik, Advs.
Mr. Akash Gupta and Mr. Atul
Kumar Gupta, Advs with
applicant in person in CM
APPL. 3804/2025
Mr. Sameer Nandwani, Mr.
Amit Grover and Mr. Rajendra
Prasad, Advs. with Applicant in
person.
versus
UNION OF INDIA AND ORS. .....Respondents
Through: Mr. R. Misha, Mr. Sanjiv Kr.
Saxena, Mr. Mukesh Kr.
Tiwari, Ms. Poonam Shukla,
and Ms. Harshita Sharma,
Advs. for R-1/UOI.
Mr. Ajay Kumar Agarwal, Adv.
for Bar Council of Delhi.
Mr. T. Singhdev, Mr. Tanishq
Srivastava, Mr. Abhijit
Chakravarty, Ms. Anum
Hussain, Mr. Bhanu Gulati, Ms.
Yamini Singh and Mr. Sourabh
Kumar, Advs. for BCD.
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 29/01/2025 at 21:47:23
CORAM:
HON'BLE MR. JUSTICE YASHWANT VARMA
HON'BLE MS. JUSTICE REKHA PALLI
HON'BLE MR. JUSTICE C. HARI SHANKAR
ORDER
% 24.01.2025 CM APPL. 3804/2025 (Direction) & CM APPL.4634/2025 (Direction)
1. The applicants who claim to be members of the Delhi Bar Association ["DBA"] appear to have petitioned this Court by way of writ petitions under Article 226 of the Constitution, being aggrieved by a decision taken by the DBA bringing to their attention the fact that since the subscription money had been tendered in cash, it would not be accepted.
2. We at the outset note that our principal judgment of 19 March 2024 in sub-para 11.15 of 35 itself, had clearly stipulated that all subscription arrears and dues would have to be cleared by way of payment by cheque.
3. Quite apart from the above, we have grave doubt as to whether the writ petition itself could have been maintained bearing in mind the nature of the grievance which was sought to be ventilated by the applicants and when viewed in the context of the same pertaining to the affairs of a private association of which they were members. The affairs of these associations are undoubtedly regulated by non- statutory Byelaws or Rules. The dispute sought to be canvassed thus clearly lacked a public law element which would have justified an invocation of the jurisdiction conferred by Article 226 of the Constitution.
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 29/01/2025 at 21:47:23
4. In view of the aforesaid, we find no ground to grant the prayers as made. These applications shall consequently stand dismissed, subject to liberty being reserved to the applicants to institute such proceedings as may be otherwise permissible in law.
W.P.(C) 10363/2021
5. We are informed that in the recitals appearing in our last order pertaining to appearances, Dr. George's name stands noted as appearing for one of the applicants. The same is clearly an inadvertent error since Dr. George undisputedly represents the High Court.
6. The order dated 17.01.2025 shall consequently stand corrected and be read accordingly.
YASHWANT VARMA, J.
REKHA PALLI, J.
C. HARI SHANKAR, J.
JANUARY 24, 2025/DR This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 29/01/2025 at 21:47:24