The Executive Committee of Supreme Court Advocates On Record Association has called upon the SC Advocates on Record Welfare Trust to desist from using SCAOR in its name along with SCAORA’s address in its operations and activities.
The Association with a 9:3 majority through its Resolution on July 18th has also asked the Trust to carry out consequential corrections in all records pertaining to the Trust.
While taking note of the trust Deed of “Supreme Court Advocates-on-Record Welfare Trust” dated February 07, 2013, the Association has stated that the use of such name as well as the address of SCAORA by the said Trust has led to the erroneous impression that the said Trust is being run or managed by SCAORA
“The presence of the President, Vice- President and Secretary of SCAORA, who as per the said Trust Deed are to be ex officio trustees in the said Trust during their tenure, does not tantamount to the said Trust being run or managed by the EC of SCAORA in office” SCAORA has said.
The Association has stated that by virtue of the Trust using the words ‘Supreme Court Advocates-on-Record’ in its name along with SCAORA’s address, it has received substantial contributions by way of costs and donations.
Further, the elected Executive Committee of SCAORA in office has no access to or control over the Trust property received by the Trust.
The Association has opined that the contributions that legitimately should have been credited to SCAORA for the benefit of its members have been received by the Welfare Trust, leaving SCAORA bereft of funds.
According to SCAORA, the Memorandum of Association of SCAORA or any Rules of SCOARA do not permit or justify the lending of the name of ‘Supreme Court Advocates-on- Record’ by an EC of SCAORA to any entity, and that too, to receive contributions by virtue of using the words ‘Supreme Court Advocates-on-Record’ in its name and the address with the elected Executive Committee of SCAORA in office having no access to or control over such contributions.
It has further been stated the Memorandum of Association of SCAORA or any Rule of SCAORA also does not permit or justify the use of such contributions by non AORs for the benefit of non AORS.
SCAORA has also stated that its record does not contain any GBM or Resolution authorising the then EC to create the said Trust with SCAORA as Settlor on the terms laid down in the Trust Deed, and even if there had been any Resolution the same would have been beyond the MOA of SCAORA, and would have necessitated appropriate amendments.