Legal consolidation among associations for Bar representation, emphasizing mediation and compliance with statutory requirements for valid byelaws.

ORDER :

S SUNIL DUTT YADAV, J.

The memorandum of Compromise Petition under Order 23 Rule 3 read with Section 151 of CPC and read with Rule 39 of the Writ Proceedings Rules has been filed.

2. The settlement is arrived at between the petitioner and respondent Nos.2 to 5. It reads as follows:-

" MEMORANDUM OF COMPROMISE PETITION UNDER ORDER 23 RULE 3 AND SECTION 151 OF THE CODE OF CIVIL PROCEDURE, 1908 R/W. RULE 39 OF THE WRIT PROCEEDINGS RULES

Petitioner and the respondents 2 to 5 herein humbly submit as follows: -

1. In the above writ petition, at the request of both partiers, the hon'ble Court by order dated 10-03-2025 was pleased to appoint the learned counsel, Mr. H.C. Shivaramu, Advocate as a Mediator to mediate amongst the warring factions, resolve the issues interse and submit a report. The said learned counsel visited Chamarajanagar on 17-04-2025, held meetings with the petitioner (sic) and the respondents 2 to 5 herein and their representatives (sic) and the members of the BAR at Chamarajangar. After negotiations and persuasions, the matter was amicably resolved as under:

2. On the suggestion of Mr.Shivaramu, a committee of 14 senior members of the legal fraternity at Chamarajanagar comprised of representatives from the petitioner and respondents 2 to 5 herein was constituted which has thoroughly gone through the byelaws of the Respondent (sic) No.3, suggested amendments thereto to be in conformity with those required by law.

3. All the members of the BAR irrespective of caste, creed and community, were invited to become members of the Respondent No.3 which is the District BAR Association (Jilla Vakeelara Sangha) which already been constituted and registered as such, with has already been the Registrar of Societies vide registration No.DRCJ/SOR/131/2018-2019 on 12-12-2019 who is arrayed as the Respondent No.3 herein. All the members of the BAR at Chamarajanagar including the parties herein and their representatives have unanimously resolved and agreed to retain the Respondent No.3 which is also arrayed as the Respondent No.5 herein as, Sarva Sadasyara Vakeelara Sangha. All the members of the BAR, Chamarajanagar district, who are yet to become members thereof shall enrol themselves as members thereof. The name of the single BAR Association that is agreed to be retained shall continue with the title, "Jilla VakeelaraSangha, Chamarajanagar" having been registered vide registration No.DRCJ/SOR/131/2018-2019 on 12-12- 2019. In consequence, hereof, the Respondent No.5 is a misnomer and does not exist in law and on facts.

4. It has been further unanimously resolved to dissolve/wind-up all other associations including the petitioner, registered on 07-02-2023, the respondent No.2 registered on 20-01-2015 and the Respondent No.4 registered on 11-09-2019 with immediate effect and they all shall cease to have any legal existence hereafter. The dissolution of the petitioner, respondents 2 and 4 herein, shall be intimated to the Registrar of Societies within 1 week from the final order that may be passed in the writ petition.

5. The said Committee has formulated the common byelaws as is required by the Advocates Welfare Fund Act and the Rules, a true copy of which is herewith produced for perusal of the hon'ble Court. The same has already been adopted by way of amendment to the Bye- laws of the Respondent No.3 herein. Both parties hereby agree and undertake to submit the amendment to the memorandum of association and the byelaws of the Respondent No.3 along with the affidavits to the District Registrar who is also the Registrar of Societies, Chamarajanagar for its registration within one month from the date of the final order that may be passed by the hon'ble Court in pursuance hereof.

6. The petitioner and the Respondent No.3 herein humbly requ