Mohit Jolly & Ors v. Delhi High Court Bar Association & Ors

Delhi High Court · 15 Jul 2015 · 2015:DHC:5628
Hima Kohli
CS(OS) 992/2015
2015:DHC:5628
civil appeal_allowed

AI Summary

The Delhi High Court declared invalid the unrecorded resolutions of the Bar Association meetings and restrained the defendants from acting upon them due to lack of proper documentation.

Full Text
Translation output
CS(OS) 992/2015
HIGH COURT OF DELHI
CS(OS) 992/2015 & IA Nos.7437-39/2015
MOHIT JOLLY & ORS ..... Plaintiffs
Through : Mr. Abhinav Vasisht, Sr. Advocate with Mr. Akshay Makhija and
Ms. Nidhi Mohan Parashar, Advocate
VERSUS
DELHI HIGH COURT BAR ASSOCIATION & ORS..... Defendants
Through : Mr. Rajiv Khosla and Mr. Abhijat, defendants No.2 & 3 in person with Mr. Amit Sharma, Mr. Arun Kumar and
Mr. Harshit Jain, Advocates.
CORAM:
HON'BLE MS. JUSTICE HIMA KOHLI O R D E R 15.07.2015
JUDGMENT

1. Mr. Khosla, who appears for self and as the President of the defendant No.1 states that he has no objection to the present suit being decreed in terms of prayers (a), (b) and (c) of the plaint.

2. Mr. Abhijat, who appears for self and as the Hon’y Secretary of the defendant No.1 also states that he has no objection to the suit being decreed in terms of prayers (a), (b) and (c) of the plaint.

3. It is clarified by the defendants No.2 & 3 that the resolutions, if any, passed on 10.4.2015 had not been reduced into writing or recorded in any manner. 2015:DHC:5628 CS(OS) 992/2015

4. Mr. Vashisht, learned Senior Advocate appearing for the plaintiffs supports the submission made above and states that the same is borne out on a perusal of the report of the Local Commissioner, wherein she has stated that no registers were available in the office of the Delhi High Court Bar Association and she was unable to comply with the directions issued vide order dated 15.4.2015.

5. In view of the submissions made by the defendants No.1, 2 & 3, the present suit is decreed and the meeting held on 14.4.2015, is declared to be invalid and non-est. The defendants are restrained from giving effect to and/or acting upon the resolution(s), if any, passed in the meeting held on 10.4.2015, whether directly or indirectly.

6. The suit is disposed of along with the pending applications, while leaving the parties to bear their own costs. HIMA KOHLI, J JULY 15, 2015 sk/ap/mk