OVERVIEW
The Supreme Court dismissed an appeal seeking the inclusion of Advocates under the definition of ‘profession’ under the Micro, Small and Medium Enterprises Development Act, 2006, on Friday.
Petitioner Abhijit Mishra, a legal aspirant, had filed a PIL before the Delhi High Court, seeking inclusion of advocates under the welfare schemes provided by the MSME Act.
The High Court, however, refused to consider the appeal as a Public Interest Litigation, stating that such a PIL can only be entertained if the affected persons are unable to access courts.
BACKGROUND
The Delhi High Court observed that advocates are capable enough to approach courts in case of any grievances, and when approached, the Court would take a decision on the basis of legality, and rules and regulations applicable to the facts and circumstances of the case.
The petitioner had also asked for High Court’s directions to the Department of Financial Services for the developments of baking products and schemes, in consultation with the Bar Council of India, for the welfare and benefits of the Advocates.
Mishra also sought for directions to the Reserve Bank of India to provide guidelines or instructions to the banks to provide for collateral free loans, credit facilities and schemes within the ambit of section 20 of MSME Act, 2006, in consultation with the Bar Council of India.
The High Court however dismissed the review petition emphasising on the lack of apparent error on the face of record in its previous order.
CONCLUSION
The three-judge bench of the Supreme Court consisting of Chief Justice S.A. Bobde, Justice Bopanna and Justice Ramasubramaniam, however, issued directives on entertaining the petitioner’s contention to the Delhi High Court refusing the consider the petition seeking the inclusion of Advocates under the definition of ‘professionals’ under the Act.
DO YOU THINK ADVOCATES NEED TO BE INLCUDED WITHIN THE AMBIT OF THE MSME ACT? LET US KNOW IN THE COMMENTS BELOW!
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