Kerala High Court
C K Mercy vs Shri. Srimanto Sen on 29 June, 2022
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
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
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
