(Order of the Court was made by M.M.Sundresh,J.) This Writ Petition has been filed, seeking for issuance of a writ of mandamus to direct the second respondent to consider and dispose of the petitioner's Interim Stay Application in C.M.P.No.1 of 2017 in D.C.Appeal No.1 of 2017, against D.C.C.No.56 of 2015 dated 30.12.2016, pending on the file of the second respondent.
2.The learned counsel appearing for the writ petitioner submits that as per Section 29(2) of Part VII of the Bar Council of India Rules, before the mater is allotted to the Disciplinary Committee, the Registrar may obtain orders through the Application for Interim Stay from the Chairman of any of the Disciplinary Committee. Thus, it is submitted that there is no necessity to wait for the constitution of a new Committee.
3.The learned counsel appearing for the Bar Council of India fairly submits that the sufficient time may be granted to the Bar Council of India to pass appropriate orders on the pending Application, seeking suspension of the punishment imposed by the Disciplinary Authority, as per law.
4. Considering the submissions made and taking note of the scope and ambit of Section 29(2) of Part VII of the Bar Council of India Rules, which involves exercise of power, pending adjudication on merits of the appeal, we deem it fit to direct the learned counsel appearing for the Bar Council of India to dispose of the petitioner's Application on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order. It is needless to mention that while passing appropriate orders, the second respondent shall consider Section 29(2) of Part VII of the Bar Council of India Rules.
The Writ Petition stands disposed of accordingly. No costs.