Sreekumar R vs New Delhi Bar Association
2020 Latest Caselaw 1626 Del

$~11
*    IN THE HIGH COURT OF DELHI AT NEW DELHI
                                 Date of decision: 13th March, 2020
+    RSA 46/2017 and CM APPL. 36091/2017, 29342/2018, 29343/2018
     SREEKUMAR R                                       ..... Appellant
                     Through: Mr. Sreekumar, Appellant in person
                              (M: 9999409000).
                     versus

      NEW DELHI BAR ASSOCIATION                 ..... Respondent

                   Through: Mr.    Manish     Kumar      Sharma,
                             Advocate (M: 8130594464).
      CORAM:
      JUSTICE PRATHIBA M. SINGH

Prathiba M. Singh, J.(Oral)

1. The present regular second appeal has been filed by Mr. Sreekumar R, Advocate practising in the Patiala House Courts. A suit was filed by him against the New Delhi Bar Association ("NDBA") seeking injunction against allotment of chambers. It is the case of the Plaintiff that he became a member of the NDBA, his membership no. is 2086 (No. 3497 as per Member's Directory, 2008-09 of NDBA) and his Enrolment No. is D/568/2001. The Plaintiff submits that he applied for allotment of a chamber on 12th September, 2013. Despite the said application being pending, when subsequent allotment of chambers was made vide circulars dated 1st May, 2014 and 22nd September, 2014, the Plaintiff was not allotted a chamber and persons who were junior and ineligible were allotted chambers. Subsequently, he made several representations which did not bear any fruit and accordingly he filed a civil suit.

2. The Plaintiff is a counsel who has suffered various ailments such as brain stroke, and has also undergone open heart surgery. He has appeared in person and his speech is also impaired.

3. The plaint was rejected by the Civil Court in an application moved by the NDBA under Order VII Rule 11 CPC. The appeal against the said order has also been dismissed, which is under challenge in the present appeal. Before going into merits of this matter, since this case involves an advocate who is specially abled, the Bar Association ought to exhibit compassion and consider his application for allotment of chamber or some space for his working, keeping in mind his physical condition. Accordingly, it is directed that the Executive Committee of the NDBA shall consider the application of the Plaintiff on an out-of-turn basis and take a decision on the application for allotment of the chamber for the Plaintiff. Let the decision of the Executive Committee be placed before this Court within a period of four weeks from today. On the said date, any two senior members of the Executive Committee may consider assisting the Court. The matter shall be listed as item No. 1 on the top of board.

4. List on 17th April, 2020. Dasti.

PRATHIBA M. SINGH JUDGE MARCH 13, 2020 MR