IN THE SUPREMECOURT OF INDIA

CIVIL APPELLATEJURISDICTION
I.A. NO.

OF 2015
IN

SPECIAL LEAVE PETITION (CIVIL) NO.

OF 2015

IN THE MATTER OF:

Global Indian Lawyers

...PETITIONER
VERSUS

Bar Council of India & Ors

AN APPLICATION

...RESPONDENTS

FOR CONDONATION OF DELAY IN FILING

SPECIAL LEAVE PETITION

To
Hon'ble the Chief Justice of India
and his companion judges of the
Supreme Court of India.
The humble application of the
above named Petitioner

MOST RESPECTFULLY SHOWETH:1. The Petitioner seeks leave to assail the impugned Judqrnent and final
order dated 16 December 2009 passed by the Hon'ble High Court of
Judicature at Bombay in Writ Petition (C) No. 1526 of 1995 by way of
a Special Leave Petition under Article 136 of the Constitution of India.
The Petitioner is aggrieved by the impugned order whereunder the
Hon'ble

High Court

has erroneously

profession of law in India, a foreign

held that
law firm

to

practice

the

has to fulfill the

qualification of being enrolled as advocates under the Advocates Act,

1961.

2. The Petitioner seeks permission of this Hon'ble Court to read and rely
upon the contents of the Special Leave Petition and that the same
are not repeated herein for sake of brevity.

3. The Petitioner seeks permission to assail the impugned judgment and

order of the Hon'ble High Court of Bombay in as much as the
Petitioner is aggrieved by the findings of the impugned judgment
which erroneously places a qualification on foreign firms to register
as advocates under the Advocates Act, when there is the no such
restriction under the Advocates Act or under the Bar Council of India
Rules (the "BCI

Rules") to prohibit a foreign law firm from

establishing an office in India.

4. Leave is sought to challenge the judgment and final order dated 16
December, 2009 passed by the Hon'ble High Court of Judicature at
Bombay on the grounds that the impugned judgment is premises on
an incorrect reading of the concept of a law firm.
5. It is submitted that immediately after passing of the impugned order,
there was another writ petition of similar nature, raising the same
substantial questions of law being filed before the Hon'ble High Court
of Madras by way of W.P. No. 5614/2010. That the said writ petition
came to be dismissed vide order dated 21/02/2012, which came to
be challenged by way of a Special Leave Petition before this Hon'ble
Court bearing SLP (C) No. 17150-54 of 2012. That the Hon'ble
Supreme Court was pleased to issue notice in the said matter on
04/07/2012.
6. As matters stood thus, the Petitioner Society was formed with an
objective of enabling the Internationalization of the Legal Profession
for Indian Lawyers. It was decided that one of the means to attain
the afore-said objective would be to intervene in the matter pending
before the Hon'ble Supreme Court titled as 'Bar Council of India v.
A.K. Balaji & Ors'. It is at this stage that the Petitioner Society noticed
that there were some diametrically opposite findings in the judgment
of the Hon'ble High Court of Madras as opposed to the impugned
judgment and that the said two High Courts have not considered
some substantial questions of law involving the larger interest of the
Indian legal profession. In particular, it was noted that Courts have
not delved upon the requirements under the Advocates Act and the

BCI Rules for registration of lawyers based upon the demarcation of

the practice of the profession of law into the practice of Indian law
and the practice of foreign law as also not delved into the possibility
of whether a foreign law firm could have Indian qualified lawyers join
the firm and practice Indian law, whereas the foreign lawyers could
practice only foreign law.
7. It is on account of the afore-mentioned substantial questions of law
having not been considered by either of the two High Courts, that the
Petitioner Society vide its Resolution dated 2.0(~ resolved to prefer a
special leave petition to challenge the impugned judgment with a
view to urge certain additional issues with respect to the issue of
entry of foreign law firms in India, which have not been adhered to
or considered by either of the two High Courts in their judgments
aforementioned.

1~&

8. It is on this account that certain delay of

days has
occurred in preferring this present Petition. It is submitted that the
delay so occasioned is neither on account of any willful conduct of
the Petitioner, nor due to reasons within its control. That if the
present application is not allowed, grave prejudice will be caused
to the Petitioner.

The Petitioner therefore, most respectfully pray: PRAYER

In the premises the petitioner humbly prays that this Hon'ble
Court may graciously be pleasedto:

(a) Condone the delay of

j.9~

days in preferring the present

Special Leave Petition against impugned judgment and order

dated 16 December 2009 passed by the Hon'ble High Court of
Judicature at Bombay in Writ Petition (C) No. 1526 of 1995;
and/or

J9(b) pass such other and further order/s as this Hon'ble Court may
deem fit and proper in the facts and circumstances of the
present case.

AND FOR THIS ACT OF KINDNESS THE PETITIONER

DUTY BOUND SHALL EVER PRAY.

AS IN

Filed by:-

VIKASH SINGH
Advocate for the Petitioner
New Delhi
Dated: 16 --0 ~ - ?. 0 If"'