IN THE HIGH COURT OF DELHI AT NEW DELHI
AZIZ FRUIT TRADERS VS. UNION OF INDIA & ORS.
W.P.(C) 10863/2025
$~69 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 10863/2025, CM APPL. 44834/2025 and CM APPL.
49711/2025 MR. CHITRANJAN KUMAR ADV.CSR .....Petitioner Through: Mr. Vikram Saini, Advocate versus BAR COUNCIL OF DELHI AND ORS .....Respondents Through: Mr. T. Singhdev, Ms. Yamini Singh, Mr. Tanishq Shrivastava, Mr. Abhijit Chakravarty, Mr. Vedant Sood, Advocates for R-1.
Mr. Karan Batura, Advocate for R-4.
CORAM:
HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV
O R D E R
% 02.02.2026
1. The instant petition is for the following reliefs:-
“a. Call the entire record of BCD /respondents w.r.t complaint no. 227 of 2024 filed under section 35 of Advocate Act for kind perusal and consideration of this Hon'ble court.
b. Quash and set aside the impugned notice dated 21.09.2024, and oral reference order dated 18.07.2025 passed by BCD, and whatsapp intimation dt.19.07.25 in the interest of justice;
c. Quash and set aside the entire further proceeding before the respondent no. 3 (DC-13) in pursuance of above said notice and oral reference order, in the interest of justice, d. Be pleased to declared that the respondent no. 2 (elected members of BCD) is a dissolved entity, and have no jurisdiction and power to act on the complaint of resp on dent no. 4, e. Be pleased to quashed and set aside the complaint annexure P--3 of the R.No. 4 itself being gross abuse and misuse of the provisions of Advocates Act, settled precedent and relevant Rules etc.”
2. Section 36 B of the Advocates Act, 1961 (the Act of 1961) provides that the disciplinary committee of a State Bar Council shall dispose of the complaint received by it under section 35 expeditiously and in each case the proceedings shall be concluded within a period of one year from the date of the receipt of the complaint or the date of initiation of the proceedings at the instance of the State Bar Council, as the case may be, failing which such proceedings shall stand transferred to the Bar Council of India which may dispose of the same as if it were a proceeding withdrawn for inquiry under sub-section (2) of section 36.
3. Learned counsel for the petitioner has raised various grievances against the manner in which the Bar Council of Delhi (BCD) has dealt with the complaint.
4. It be, however, noted that there is no final conclusion recorded by the BCD and the complaint remained pending.
5. In view thereof, and as per the scheme of Section 36B of the Act of 1961, the complaint filed by the petitioner will have to be looked into by the Bar Council of India (BCI) in accordance with extant rules and regulations. As by operation of law the complaint stood transferred to the Bar Council of India. Even the allegations which have been made in the instant petition, can be looked into by the BCI, if the petitioner so highlights before the said authority.
6. With the aforesaid observations, the instant petition stands disposed of.
7. All rights and contentions of the parties stand reserved.
PURUSHAINDRA KUMAR KAURAV, J FEBRUARY 2, 2026 Nc/ksr
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