The Supreme Court Advocates On Record Association with a 9:3 majority through its resolution on July 18 has asked the SC Advocates on Record Welfare Trust to forthwith desist from using the words ‘Supreme Court Advocates – on – Record’ in its name as also the address of SCAORA in relation to its operations and activities , and to carry out consequential corrections in all records pertaining to the Trust.
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 while taking note of the trust Deed of “Supreme Court Advocates-on-Record Welfare Trust” dated February 07, 2013.
The Executive Committee of SCAOR has said that 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.
“Trust has received substantial contributions by way of costs and donations by virtue of it using the words ‘ Supreme Court Advocates – on – Record ‘ in its name and the address of SCAORA”, states the resolution.
It is noted that the elected Executive Committee of SCAORA in office has no access to or control over the Trust property received by the Trust by virtue of it using the words Supreme Court Advocates – on – Record ‘ in its name and the address of SCAORA.
The Executive Committee of SCAOR alleged that contributions that legitimately should have been credited to SCAORA for the benefit of its members have been received by the said Trust, leaving SCAORA bereft of funds.
It is further noted that the said Trust Deed not only enables any advocate ( other than an AOR who is member of SCAORA ) to become a life trustee upon contribution / donation of a sum of Rs 25 lakhs or more to the corpus of the Trust , but that its objects and purposes also extend the benefits to non AORS as well.
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 The virtue of using the words ‘ Supreme Court Advocates – on – Record ‘ in its name and the address of SCAORA , with the elected Executive Committee of SCAORA in office having no access to or control over such contributions . 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 , highlights the resolution.
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It is said that the record of SCAORA does not contain any GBM / Resolution of SCAORA authorizing the then EC to create the said Trust with SCAORA as Settlor on the terms laid down in the said Trust Deed.
SCAORA has also stated that even if there had been any GBM / Resolution of SCAORA to create the said Trust with SCAORA as Settlor on the terms laid down in the said Trust Deed , the same would have been beyond the Memorandum of Association of SCAORA , and would have necessitated appropriate amendments , if legally permissible , to the said Memorandum.
“that there are no such amendments to the Memorandum of Association of SCAORA to create the said Trust with SCAORA as Settlor on the terms laid down in the said Trust Deed”, reads the resolution signed by Dr. Joseph Aristotle S. Hony . Secretary, SCAORA