Delhi High Court
Bar Council Of Delhi Through Its ... vs Govt. Of Nctd & Ors. on 15 December, 2020
Signature Not Verified
Digitally Signed By:DINESH
SINGH NAYAL
Signing Date:15.12.2020
23:01:03
$~17 to 21
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Decision: 15th December, 2020
+ W.P.(C) 3298/2020 and CM APPLs. 11567-68/2020
GOVIND SWAROOP CHATURVEDI ..... Petitioner
Through: Petitioner in person (M: 8178506260).
versus
STATE OF NCT OF DELHI & ORS. ..... Respondents
Through: Mr. Satyakam, Additional Standing
Counsel for GNCTD.
Mr. Rakesh Khanna, Senior Advocate.
Mr. Ramesh Gupta, Sr. Advocate and
Chairman, Bar Council of Delhi, Mr.
Ajayinder Sangwan, Secretary, BCD
and Mr. Amit P. Shahi, Advocate.
Mr. Kamal Mehta, Advocate with Mr.
Hemant Buch Chief/P&GS
(Marketing/Govt Business &
Compliance) LIC of India.
Mr. Sanjay Rawat, Advocate for
NIACL with Mr. Gaurav Sharma,
Branch Manager.
18 WITH
+ W.P.(C) 3357/2020
BALVINDER SINGH BAGGA & ORS. ..... Petitioners
Through: Mr. Amarjit Singh Chandiok, Senior
Advocate with Mr. Naginder Benipal,
Advocate with Petitioner No.1 in
person. (M:9999329299)
versus
GOVERNMENT OF NCT OF DELHI & ORS. ..... Respondents
Through: Mr. Satyakam, Additional Standing
Counsel for GNCTD.
Mr. Rakesh Khanna, Senior Advocate.
Mr. Ramesh Gupta, Sr. Advocate and
Chairman, Bar Council of Delhi, Mr.
W.P.(C) 3298/2020 & connected matters Page 1 of 6
Signature Not Verified
Digitally Signed
By:PRATHIBA M SINGH
Signing Date:15.12.2020 22:51
Signature Not Verified
Digitally Signed By:DINESH
SINGH NAYAL
Signing Date:15.12.2020
23:01:03
Ajayinder Sangwan, Secretary, BCD
and Mr. Amit P. Shahi, Advocate.
Mr. Kamal Mehta, Advocate with Mr.
Hemant Buch Chief/P&GS
(Marketing/Govt Business &
Compliance) LIC of India.
Mr. Sanjay Rawat, Advocate for
NIACL with Mr. Gaurav Sharma,
Branch Manager.
19 AND
+ W.P.(C) 3362/2020 and CM APPLs. 11901/2020, 11902/2020,
17666/2020, 29369/2020
BAR COUNCIL OF DELHI THROUGH ITS
CHAIRMAN ..... Petitioner
Through: Mr. Ramesh Gupta, Sr. Advocate and
Chairman, Bar Council of Delhi, Mr.
Rakesh Khanna, Senior Advocate, Mr.
Ajayinder Sangwan, Secretary, BCD
and Mr. Amit P. Shahi, Advocate.
versus
GOVERNMENT OF NCT OF DELHI & ORS. ..... Respondents
Through: Mr. Satyakam, Additional Standing
Counsel for GNCTD.
Mr. Chetan Sharma, ASG with Mr.
Mr. Anil Soni, CGSC and Mr. Devesh
Dubey, Advocate for UOI.
Mr. Kamal Mehta, Advocate with Mr.
Hemant Buch Chief/P&GS
(Marketing/Govt Business &
Compliance) LIC of India.
Mr. Sanjay Rawat, Advocate for
NIACL with Mr. Gaurav Sharma,
Branch Manager.
20 AND
+ W.P.(C) 4303/2020 and CM APPL. 15480/2020
BAR COUNCIL OF DELHI THROUGH ITS
W.P.(C) 3298/2020 & connected matters Page 2 of 6
Signature Not Verified
Digitally Signed
By:PRATHIBA M SINGH
Signing Date:15.12.2020 22:51
Signature Not Verified
Digitally Signed By:DINESH
SINGH NAYAL
Signing Date:15.12.2020
23:01:03
CHAIRMAN ..... Petitioner
Through: Mr. Ramesh Gupta, Sr. Advocate and
Chairman, Bar Council of Delhi, Mr.
Rakesh Khanna, Senior Advocate, Mr.
Ajayinder Sangwan, Secretary, BCD
and Mr. Amit P. Shahi, Advocate.
versus
GOVT. OF NCTD & ORS. ..... Respondents
Through: Mr. Satyakam, Additional Standing
Counsel for GNCTD.
Mr. Chetan Sharma, ASG with Mr.
Mr. Anil Soni, CGSC and Mr. Devesh
Dubey, Advocate for UOI.
Mr. Yudhvir Singh Chauhan,
Advocate for Coordination Committee
of all District Bar Associations.
Mr. Kamal Mehta, Advocate with Mr.
Hemant Buch Chief/P&GS
(Marketing/Govt Business &
Compliance) LIC of India.
Mr. Sanjay Rawat, Advocate for
NIACL with Mr. Gaurav Sharma,
Branch Manager.
21 WITH
+ W.P.(C) 4304/2020 and CM APPL. 15481/2020
BAR COUNCIL OF DELHI THROUGH ITS
CHAIRMAN ..... Petitioner
Through: Mr. Ramesh Gupta, Sr. Advocate and
Chairman, Bar Council of Delhi, Mr.
Rakesh Khanna, Senior Advocate, Mr.
Ajayinder Sangwan, Secretary, BCD
and Mr. Amit P. Shahi, Advocate.
versus
GOVT. OF NCTD & ORS. ..... Respondents
Through: Mr. Satyakam, Additional Standing
W.P.(C) 3298/2020 & connected matters Page 3 of 6
Signature Not Verified
Digitally Signed
By:PRATHIBA M SINGH
Signing Date:15.12.2020 22:51
Signature Not Verified
Digitally Signed By:DINESH
SINGH NAYAL
Signing Date:15.12.2020
23:01:03
Counsel for GNCTD.
Mr. Yudhvir Singh Chauhan,
Advocate for Coordination Committee
of all District Bar Associations.
Mr. Kamal Mehta, Advocate with Mr.
Hemant Buch Chief/P&GS
(Marketing/Govt Business &
Compliance) LIC of India.
Mr. Sanjay Rawat, Advocate for
NIACL with Mr. Gaurav Sharma,
Branch Manager.
CORAM:
JUSTICE PRATHIBA M. SINGH
Prathiba M. Singh, J. (Oral)
1. This hearing has been held through video conferencing.
2. Further to the last order dated 27th November, 2020, the status report
has been filed by GNCTD. As per the said report, the amount of
Rs.10,07,70,894/- has been paid to the Life Insurance Corporation of India
(hereinafter, "LIC") for a total number of beneficiaries of 28,774. However,
after verification of the data relating to the lawyers as per their eligibility, at
this stage, the identified number of lawyers eligible for obtaining a policy
from LIC are 21,889. Thus, there is excess premium amount of
Rs.2,41,12,309/- with LIC. Mr. Hemant Buch Chief/P&GS (Marketing/Govt
Business & Compliance), submits that life insurance policies have been issued
in respect of 21,889 lawyers to the Department of Law and Legislative
Affairs, GNCTD. Individual certificates for each of the lawyers are being
generated in PDF format and shall be emailed to the respective lawyers
concerned for their record. He further submits that LIC is willing to refund
the said amount to GNCTD. In view of the fact that further reliefs have been
sought by the Bar Council of Delhi (hereinafter, "BCD") for those advocates
Signature Not Verified
Digitally Signed
By:PRATHIBA M SINGH
Signing Date:15.12.2020 22:51
Signature Not Verified
Digitally Signed By:DINESH
SINGH NAYAL
Signing Date:15.12.2020
23:01:03
who could not register in time and the issue in respect of NCR lawyers is still
pending before this Court, it is deemed appropriate to direct that LIC retain
the excess premium amount till 31st January, 2021.
3. Insofar as New India Assurance Company Limited (hereinafter,
"NIACL") is concerned, the master policy in respect of 22,467
lawyers/families/beneficiaries are stated to have been issued. Total advance
premium of Rs.30,53,08,500/- has been paid to NIACL. Since out of 29,077
lawyers, only 22,467 lawyers could be verified, the advance premium amount
is in excess of the number of lawyers/beneficiaries. Approximately 7,000
lawyers are still to be verified by BCD. Accordingly, the balance premium of
Rs. 6,94,05,000/- is liable to be refunded by NIACL. However, since this
Court is currently hearing the issue relating to NCR lawyers and lawyers who
have sought registration but are yet to be verified by BCD, it is directed that
NIACL also retain the excess premium amount till 31st January, 2021.
4. The amounts shall be retained by both LIC and NIACL and shall be
subject to any further orders passed in these petitions.
5. Insofar as NIACL is concerned, it is further submitted that there are
discrepancies in respect of the gender of the beneficiaries, their date of birth
and other such data. In view thereof, since the premium has already been paid
and most policies are ready to be issued, the beneficiaries ought not to be
deprived of the medi-claim policies, especially during the pandemic.
Accordingly, the following directions are passed:
i. Two representatives from the IT Department, GNCTD along with
two senior officers/representatives from the Ministry of Law,
GNCTD, two officers of NIACL and two representatives of BCD
shall meet from tomorrow i.e. 16th December, 2020 at 11am and
Signature Not Verified
Digitally Signed
By:PRATHIBA M SINGH
Signing Date:15.12.2020 22:51
Signature Not Verified
Digitally Signed By:DINESH
SINGH NAYAL
Signing Date:15.12.2020
23:01:03
shall complete verification of all the details which are required by
NIACL by the end of day on 18th December, 2020.
ii. The venue of the meetings shall be the Conference Room, Delhi
Government Secretariat, I.P. Estate, New Delhi. Mr. Pankaj,
Superintendent from the law department shall coordinate the venue
and provide other logistical support for these meetings from
tomorrow.
iii. Parties shall report compliance by filing a status report before 22nd
December, 2020 in this regard.
6. In the meantime, BCD shall also verify the data relating to the other
lawyers whose data could not be verified for the LIC and NIACL policies and
file a status report before the next date. The Delhi Government is directed to
supply the data relating to lawyers for whom insurance has not been availed
of by tomorrow, in order to enable BCD to verify the same.
7. List on 22nd December, 2020.
PRATHIBA M. SINGH
JUDGE
DECEMBER 15, 2020/dk/T
Signature Not Verified
Digitally Signed
By:PRATHIBA M SINGH
Signing Date:15.12.2020 22:51
