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Bar Council Of Delhi Through Its ... vs Govt. Of Nctd & Ors.
2020 Latest Caselaw 3485 Del

Citation : 2020 Latest Caselaw 3485 Del
Judgement Date : 22 December, 2020

Delhi High Court
Bar Council Of Delhi Through Its ... vs Govt. Of Nctd & Ors. on 22 December, 2020
                                                                                            Signature Not Verified
                                                                                            Digitally Signed By:DINESH
                                                                                            SINGH NAYAL
                                                                                            Signing Date:23.12.2020
                                                                                            09:40:06

                                $~9 to 13
                                *     IN THE HIGH COURT OF DELHI AT NEW DELHI
                                                                Date of Decision: 22nd December, 2020
                                +          W.P.(C) 3298/2020 and CM APPLs. 11567/2020, 11568/2020
                                      GOVIND SWAROOP CHATURVEDI                              ..... Petitioner
                                                       Through: Petitioner in person.
                                                       versus
                                      STATE OF NCT OF DELHI & ORS.                    ..... Respondents
                                                       Through: Mr. Rajeev Nayyar, Sr. Advocate
                                                                  (NP) with Mr. Satyakam, Additional
                                                                  Standing Counsel for GNCTD.
                                                                  Mr. Rakesh Khanna, Sr. Advocate.
                                                                  Mr. Sanjay Rawat, Advocate with Mr.
                                                                  Gaurav Sharma, Manager for NIACL.
                                10                     WITH
                                +                      W.P.(C) 3357/2020
                                      BALVINDER SINGH BAGGA & ORS.                        ..... Petitioners
                                                       Through: Petitioner No.1 in person.
                                                       versus
                                      GOVERNMENT OF NCT OF DELHI & ORS.               ..... Respondents
                                                       Through: Mr. Rajeev Nayyar, Sr. Advocate
                                                                  (NP) with Mr. Satyakam, Additional
                                                                  Standing Counsel for GNCTD.
                                                                  Mr. Rakesh Khanna, Sr. Advocate.
                                                                  Mr. Sanjay Rawat, Advocate with Mr.
                                                                  Gaurav Sharma, Manager for NIACL.
                                11                     AND
                                +     W.P.(C) 3362/2020 and CM APPL. 11901/2020, 11902/2020,
                                      17666/2020, 29369/2020
                                      BAR COUNCIL OF DELHI THROUGH ITS
                                      CHAIRMAN                                              ..... Petitioner
                                                       Through: None.

                                                    versus
                                        GOVERNMENT OF NCT OF DELHI & ORS.         ..... Respondents
                                                    Through: Mr. Rajeev Nayyar, Sr. Advocate
                                                             (NP) with Mr. Satyakam, Additional
                                                             Standing Counsel for GNCTD.


Signature Not Verified          W.P.(C) 3298/2020 & connected matters                                Page 1 of 4
Digitally Signed
By:PRATHIBA M SINGH
Signing Date:22.12.2020 20:04
                                                                                                Signature Not Verified
                                                                                               Digitally Signed By:DINESH
                                                                                               SINGH NAYAL
                                                                                               Signing Date:23.12.2020
                                                                                               09:40:06

                                                                        Mr. Rakesh Khanna, Sr. Advocate.
                                                                        Mr. Sanjay Rawat, Advocate with Mr.
                                                                        Gaurav Sharma, Manager for NIACL.
                                12                    AND
                                +                W.P.(C) 4303/2020 and CM APPL. 15480/2020
                                        BAR COUNCIL OF DELHI THROUGH ITS
                                        CHAIRMAN                                          ..... Petitioner
                                                      Through: None.
                                                      versus
                                        GOVT. OF NCTD & ORS.                          ..... Respondents
                                                      Through: Mr. Rajeev Nayyar, Sr. Advocate
                                                                 (NP) with Mr. Satyakam, Additional
                                                                 Standing Counsel for GNCTD.
                                                                 Mr. Rakesh Khanna, Sr. Advocate.
                                                                 Mr. Sanjay Rawat, Advocate with Mr.
                                                                 Gaurav Sharma, Manager for NIACL.
                                13                    AND
                                +                W.P.(C) 4304/2020 and CM APPL. 15481/2020
                                        BAR COUNCIL OF DELHI THROUGH ITS
                                        CHAIRMAN                                           ..... Petitioner
                                                      Through: None.
                                                      versus
                                        GOVT. OF NCTD & ORS.                          ..... Respondents
                                                      Through: Mr. Rajeev Nayyar, Sr. Advocate
                                                                 (NP) with Mr. Satyakam, Additional
                                                                 Standing Counsel for GNCTD.
                                                                 Mr. Rakesh Khanna, Sr. Advocate.
                                                                 Mr. Sanjay Rawat, Advocate with Mr.
                                                                 Gaurav Sharma, Manager for NIACL.
                                        CORAM:
                                        JUSTICE PRATHIBA M. SINGH
                                Prathiba M. Singh, J. (Oral)

1. This hearing has been done through video conferencing.

2. A status report has been filed in respect of the insurance policies. The main issue appears to be the non-furnishing of complete data to the New India Assurance Company Limited (hereinafter, "NIACL"). It is submitted

Digitally Signed By:PRATHIBA M SINGH Signing Date:22.12.2020 20:04 Signature Not Verified Digitally Signed By:DINESH SINGH NAYAL Signing Date:23.12.2020 09:40:06

by ld. Counsel for GNCTD that there are various discrepancies in the data furnished by lawyers in respect of their dependents and other details, including:

(i) Non availability of Gender of dependents of the applicant.

(ii) Non availability of date of birth as per the format of Insurance Company.

(iii) Incorrect date of birth of the applicants.

(iv) Names of many dependents are prefixed with the word "Late"

(v) Details of beneficiaries without main applicant advocate.

Hence, GNCTD has decided to re-open the link to enable lawyers to complete their data.

3. Insofar as issuance of e-cards and physical plastic cards for lawyers and their dependents is concerned, Mr. Sanjay Rawat, ld. counsel along with Mr. Gaurav Sharma, Manager, NIACL submit that only when the data is complete with accurate details, the cards can be issued. Until then, cashless services would be provided by NIACL. Claims would, however, only be reimbursed once the details are filled up and the data is completed. Since the complete data is admittedly not yet furnished, NIACL's position as informed to the Court is taken on record. GNCTD/BCD shall prepare a circular informing all advocates of the effect and benefits of the NIACL policy and the fact that all advocates have to update/rectify/provide their details. For the purpose of filling up of data, two weeks' time may be granted by GNCTD to all the lawyers. The said circular shall be published on all the websites of the various Bar Associations, including the DHCBA in order to ensure that all lawyers fill up their data in time and issuance of the policies can be expedited. The two weeks' time shall commence from 28th December, 2020,

Digitally Signed By:PRATHIBA M SINGH Signing Date:22.12.2020 20:04 Signature Not Verified Digitally Signed By:DINESH SINGH NAYAL Signing Date:23.12.2020 09:40:06

by which time, the circular would be prepared and widely circulated amongst all the members of the BCD. This order shall extend to only those lawyers who had registered prior to the deadline fixed and shall not extend to lawyers who had not previously registered. In respect of such lawyers, who had not registered for insurance, the issue as to whether the registration ought to be opened once again is still under consideration by this Court in the pending writ petitions.

4. It is submitted that none of the ld. Sr. counsels for the Petitioners are available for arguments today.

5. List for hearing on 15th January, 2021. It is made clear that on the next date arrangements shall be made by the Petitioners, for addressing arguments, as the matters are already part-heard.

PRATHIBA M. SINGH JUDGE DECEMBER 22, 2020/MR/T

Digitally Signed By:PRATHIBA M SINGH Signing Date:22.12.2020 20:04

 
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