- (1.) The Court : The above matters were taken up for hearing together since the subject matter of the impute is same in all these three matters. The Matter No. 2353 of 1987 (Ajit Kumur Doshi v. Institute Company Secretaries of India & os.) was taken up for hearing first and the parties agreed that the order to be made in this matter will also govern the other two matters, I will deal with the first matter.
(2.) The petitioner in this matter is asking for a direction upon the respondents particularly the respondent No. 1 the Institute of Company Secretaries of India to enroll the petitioner as an associate member of the Institute on the basis of the application filed by him. The petitioner has also challenged in this proceeding a letter dated 16th January, 1987 whereby the petitioners application for enrolment as an Associate Member was rejected.
(3.) The Company Secretaries Act 1980 came into force on and from January, 1981. By the said Act the Institute of Company Secretaries of India which was incorporated under the Company Act, 1956 stood dissolved. It is further claimed by the petitioner that none the less the Company Secretaries (Qualification) Rules, 1975 dated 7th March, 1975 and a notification dated 15th May, 1975 are still operative and have riot been affected by the said Company Secretaries Act, 1980. It is, therefore, claimed by the petitioner that the respondent No. 1 cannot take away the right of the petitioner to be admitted as an associate member of the Institute of Company Secretaries of India. It is also claimed by the petitioner that the petitioner's application was pending when the said Company Secretaries Act, 1980 came into force in January, 1981 Therefore, under section 32(4) of the said Company Secretaries Act, 1980 therein after referred to as the said Act) which, inter alia, provides that of, on the commencement of this Act, any suit, appeal or other legal proceedings of whatever nature by or against the dissolved company is pending, the same shall not abate but the same may be continued or enforced by or against the institute. In the same manner and to the same extent as it should or may be continued.;