Reliefs that cannot be granted in a writ petition must be pursued through other legal remedies.

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10.01.2023

1.

This hearing has been done through hybrid mode.

2.

The present petition has been filed by the Petitioner - Montreaux

Resorts (P) Ltd. seeking the enrolment details of Respondent No.2 - Mr. Jay

Savla, who is now a senior advocate. The case of the Petitioner is that it

wished to file a complaint against Respondent No.2 for misconduct. The

prayers sought in the present petition are as under:

“i. Issue a writ of mandamus, or such other writ or

order

or

direction

as

deemed

appropriate,

compelling Respondent No. 1 (the Bar Council of

India) to release the enrolment details of Respondent

No. 2, Mr. Jay Savla.

ii. Issue a writ of mandamus, or such other writ or

order or direction as deemed appropriate, to bar

Respondent No. 2 from contesting against any

proceedings in which the Petitioner Company is a

party, till the adjudication of the present petition.

iii. Award costs to the Petitioner Company for being

compelled to file the present writ petition only on

account of the abusive conduct of Respondent No. 2

stemming from his own conscious and deliberate

misconduct.

This is a digitally signed order.

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The Order is downloaded from the DHC Server on 28/01/2024 at 11:39:54

iv. Direct that calculate of the costs be in line with

the

judgement

of

the

Hon'ble

Supreme

Court

expressed in the case of Salem Advocates Bar

Association vs. Union of India (AIR 2005 SC 3353-

1), read with the Delhi High Court Rules, and which

be not les than Rs. 1.50 lakhs for drafting and filing

of the present petition, and Rs. 3.30 lakhs for

appearance for the fees of advocates at each hearing.

v. And pass such other order or further order or

orders as this Hon'ble Court may deem fit and proper

under the circumstances of the case.”

3.

None appears for the Petitioner today. It is noticed that, after the filing

of the present petition, the Respondent No.1 - Bar Council of India

has

given the enrolment details of the Respondent No.2 to the Petitioner, vide e-

mail dated 26^th November, 2021. The said email dated 26^th November, 2021

has also been placed on record.

4.

Accordingly, the relief as sought in paragraph (i) of the prayer clause,

as extracted hereinabove, stands satisfied.

5.

Insofar as the remaining reliefs sought in the present petition are

concerned, this Court is of the opinion that the said reliefs cannot be granted

in a writ petition. Thus, in respect of the said reliefs, the Petitioner is

permitted to avail of its remedies, in accordance with law.

6.

The present petition is disposed of in the above terms. All pending

applications are also disposed of.

PRATHIBA M. SINGH, J.

JANUARY 10, 2023

Rahul/AD

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

The Order is downloaded from the DHC Server on 28/01/2024 at 11:39:54