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The Delhi High Court today issued notice in a plea by a law student, one Abhijit Mishra, against the non-inclusion of advocates in the definition of the word "professionals" under the Micro, Small Medium Enterprises Act, 2006.

The division bench of Chief Justice DN Patel and Justice Jyoti Singh was hearing a plea filed against an earlier order of the Court which had dismissed his plea on the pretext that “advocates are capable enough to approach the Court, if aggrieved”.

Mishra has approached the Court afresh with the same prayer seeking a direction to “amend the arbitrary, biased and restrictive criteria of defining "Professionals" in order to include the profession of Advocates for accessing the welfare schemes of the Government of India under the Micro, Small Medium Enterprises Development Act, 2006.”

On Jul 29, 2020 the division bench of Chief Justice DN Patel and Justice Prateek Jalan dismissing Mishra’s plea had said “We are not inclined to entertain this petition as a Public Interest Litigation. It ought to be kept in mind that such public interest litigation for the benefit of a class of persons can be preferred if the affected persons are unable to access the courts, e.g. the poorest of the poor, illiterates, children, and other classes of people who may be handicapped by ignorance, indigence, illiteracy or lack of understanding of the law.”

Mishra has sought also sought a direction to the Department of Financial Services to develop banking products and schemes in consultation with Bar Council of India for the welfare of advocates.

Prayer has also been made to direct the Reserve Bank of India to issue guidelines or instructions or notification to the banks to collateral free loans, credit facilities and schemes under the aegis of the Micro, Small and Medium Enterprises Act, 2006 in consultation with the Bar Council of India and to direct the Ministry of Micro, Small and Medium Enterprises, Government of India to develop professional development schemes in consultation with the Bar Council of India.

Case Title: Abhijit Mishra vs UOI and Ors
Edited by Shreya Agarwal