IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
WEDNESDAY, THE 29TH DAY OF JUNE 2022 / 8TH ASHADHA, 1944
CON.CASE(C) NO. 774 OF 2022
AGAINST THE JUDGMENT IN WP(C) 27251/2009 OF HIGH COURT OF KERALA
PETITIONER/PETITIONER:
C K MERCY
AGED 51 YEARS
D/O. C.P. KURIAKOSE AND W/O. ADV. ANIL O.K.,
BUILDING NO. XIV/835, PO MANIKUNI, SULTHAN BATHERY,
RESIDING AT OLAPPURACKAL HOUSE,
SULTHAN BATHERY, WAYANAD DISTRICT
PIN - 673592
BY ADV MATHEW KURIAKOSE
RESPONDENT/RESPONDENT:
SHRI. SRIMANTO SEN
THE SECRETARY, THE BAR COUNCIL OF INDIA, 21 ROUSE AVENUE,
INDUSTRIAL AREA, NEW DELHI,PIN - 110002
BY ADV RAJIT
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON
29.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
CON.CASE(C) NO. 774 OF 2022
2
JUDGMENT
Sri.Rajit - learned counsel for the respondent submitted that there is no willful disobedience to the directions of this Court and that, on the contrary, steps have been taken to transfer registration of the petitioner to Kerala. He says that, this will be done temporarily in the next meeting of the Bar Council; but that a permanent transfer can be effected only after the petitioner produces the Enrollment Certificate and other relevant documents, attested by the Karnataka Bar Council to prove its veracity. He submitted that, otherwise, the Bar Council of India will have to ask the Bar Council of Karnataka for a Certificate of authenticity of the petitioner's documents.
2. When I consider the afore submissions, it is indubitable that the petitioner's request for transfer to Kerala is being acceded to by the Bar Council of India on a temporary basis very soon.
3. As far as permanent transfer of registration is concerned, I leave liberty to the petitioner to obtain his Enrollment Certificate to be attested by the competent Authority of the Bar Council of Karnataka and to obtain a No Objection Certificate from them for transfer of his enrollment to Kerala, and present them before the Bar Council of India, who and there upon consider them and complete necessary action without delay.
Thus, taking note of the afore submissions of Sri.Rajit and CON.CASE(C) NO. 774 OF 2022 3 recording the same, I close this contempt case with the afore directions.
Needless to say, the petitioner is at liberty to approach this Court again with a fresh Contempt Case, if the afore directions are also not complied with.
SD/-
DEVAN RAMACHANDRAN JUDGE rp CON.CASE(C) NO. 774 OF 2022 4 APPENDIX OF CON.CASE(C) 774/2022 PETITIONER ANNEXURES ANNEXURE A TRUE COPY OF THE CERTIFICATE NO. 25114 DATED 25.10.97 ISSUED BY THE KARNATAKA STATE BAR COUNCIL ANNEXURE B TRUE COPY OF NO OBJECTION LETTER DATED 12.9.2005 ISSUED BY THE KARNATAKA STATE BAR COUNCIL ANNEXURE C TRUE COPY OF THE DEMAND DRAFT FOR RS.500/- DRAWN IN FAVOUR OF THE SECRETARY, BAR COUNSEL OF INDIA ANNEXURE D TRUE COPY OF ACKNOWLEDGEMENT OF TRANSFER APPLICATION DATED 6.10.2005 ISSUED BY THE BAR COUNCIL OF INDIA ANNEXURE E TRUE COPY OF COMMUNICATION DATED 09.07.2009 FROM THE BAR COUNCIL OF INDIA ADDRESSED TO THE SECRETARY OF THE BAR COUNCIL OF KERALA ANNEXURE F TRUE COPY OF COMMUNICATION DATED 03.06.2009 WITH RESOLUTION NO. 112/2009 DATED 05.04.2009 OF THE BAR COUNCIL OF KERALA ANNEXURE G TRUE COPY OF THE LETTER DATED 11.09.2009 ISSUED BY THE SECRETARY OF KARNATAKA STATE BAR COUNCIL ANNEXURE H CERTIFIED COPY OF THE JUDGMENT DATED 20.12.2017 IN WPC.27251/2009 OF THIS HON'BLE COURT ANNEXURE I TRUE COPY OF NOC DATED 14.08.2018 ISSUED BY THE BAR COUNCIL OF KERALA TO THE SECRETARY OF THE BAR COUNCIL OF INDIA RESPONDENT ANNEXURES ANNEXURE R1 TRUE COPY OF THE COMMUNICATION DATED 13.09.2021 ANNEXURE R2 TRUE COPY OF THE COMMUNICATION DATED 22.10.2021 ANNEXURE R3 TRUE COPY OF THE COMMUNICATION DATED 01.11.2021