Sunita Tiwari v. New Delhi Bar Association & Ors.

23 SUNITA TIWARI Petitioner iThrough: Mr. Abhijat, Adv. with petitioner in person.

VERSUS

NEWDELHI BARASSOCIATION & ORS. Respondents •Through: Mr. Amit Khemika and Mr. Rishi Shehgal, Advs. for R[1]. + W.P.(C) 9381/2015 &CM No.21850/2015 24 SUNITA TIWARI Petitioner Through: Mr. Abhijat, Adv. with petitioner in person., versus NEW DELHI BAR ASSOCIATION &ORS Respondents Through: Mr. Amit Khemika and Mr. Rishi Shehgal, Advs. for Rl. CORAM: HON'BLE MR.

JUSTICE J.R. MIDHA ORDER o/o 23.02.2016

1. The petitioner is the member ofNew Delhi Bar Association and was allotted chamber No.237, Patiala House Courts, New Delhi on 07'^ January, 2014.:

2. In July, 2014, the partition wall between chamber No.237 and 238 was demolished without the petitioner's consent whereupon she reported the matter to the Bar Association and, thereafter, instituted W.P.(C) 2878/2015 for restoration ofthe partition wall between chamberNo.237 and 238.

3. During the pendency of the aforesaid petition. New Delhi Bar Association vide letter dated 22"^^ September, 2015 cancelled the petitioner's allotment whereupon the petitioner filed W.P.(C) 9381/2015 for setting aside ofthe letter dated 22"^^ September, 2015.

4. Learned counsel for the petitioner submits that the partition wall between the petitioner's chamberNo.237 and the adjoining chamberNo.238 2016:DHC:9265 \ ^7 )< has been restored interms oforder dated 24^^ November, 2015 and therefore prayer (A) ofW.P.(C) 2878/2015 stands satisfied. With respect to prayer (B) for return of allotment letter, learned counsel for petitioner submits that the petitioner would be satisfied ifthe certified copy ofthe allotment letter dated 07'^ January, 2014 is issued by the New Delhi Bar Association to her.

5. With respect to the cancellation of the allotment of petitioner's chamber No.237, it is submitted that the cancellation order dated 22"'' September, 2015 does not contain any reasons whereas the notice dated 22" September, 2014 contains only remarks "disputed". It is further submitted that the petitioner is a victim of illegal demolition of the petitioner s chamber wall and cannotbe penalised for the same.

6. On careful consideration ofrival contentions ofthe parties, this Court is satisfied that no case for cancellation ofthe allotment ofthe petitioner s chamber is made out. The partition wall ofpetitioner's chamber has already been restored in terms of the order dated 24^^^ November, 2015. The cancellation order dated 22"' September, 2015 is set aside qua the petitioner. Respondent No.l shall issue acertificate certifying the allotment ofchamber No.237 to the petitioner within a period of two weeks from today. It is clarified that this order has been passed in the peculiar facts and circumstances of this case.

7. Both the petitions and pending applications are disposed of in the above terms.

8. Copy of this order be given dasti to counsels for the parties under signature of Court Master. ^ (m L MIDHA, J. FEBRUARY 23,2016 ak