Munnalal Halwai v. Bar Council Of Maharashtra And Goa And 2 ORS

Esha

IN THE HIGH COURT OF BOMBAY AT GOA

WRIT PETITION NO. 87 OF 2022 MUNNALAL HALWAI ... PETITIONER VS BAR COUNCIL OF MAHARASHTRA AND GOA AND 2 ORS.

... RESPONDENTS ****** Ms. Gautami Kamat, Advocate for the Petitioner. Mr. S. Desai, Senior Advocate with Mr. T. Rane, Advocate for Respondent No. 3.

CORAM:

G.S. KULKARNI & BHARAT P. DESHPANDE, JJ.

DATED:

29 SEPTEMBER 2022 ORAL ORDER: (per G.S. Kulkarni, J.) 1.

The petitioner had made a complaint to the Bar Council of Maharashtra and Goa-respondent no. 1 (for short the "State Bar Council") against respondent no. 3 on 13 November 2015. The said complaint was pending inquiry before the State Bar Council also dates for hearing were fixed. As the inquiry could not be completed, the same was referred to the Bar Council of India in terms of Section 36B of the Advocate's Act. However, the Bar Council of India transferred the proceedings of the complaint to

the State Bar Council to complete the inquiry by its letter dated 30 August 2018.

2.

This Petition was filed on 29 October 2021 when the petitioner prayed for the following reliefs:

"(a) Grant a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction, directing the respondent no. 2 to give an early hearing and issue time bound directions to dispose of the matter bearing DC No. 14/2016.

(b) Direct respondent no. 2 to take up the matter by video conferencing in case physical is not feasible." 3.

It is informed at the Bar that the parties had appeared before the inquiry officer of the State Bar Council and have led their respective evidence. The hearing before the inquiry officer was concluded yesterday (28 September 2022) and now, further steps are to be taken to forward the report to the Bar Council of India. 4.

In view of these subsequent developments, in our opinion, the Petition would not require a further adjudication, as it is for the Bar Council of India to take appropriate decision after having received the inquiry report from the State Bar Council.

5.

Learned Counsel for the petitioner has contended that the complaint itself is of the year 2015 and despite a long lapse of time, no decision was taken on the said complaint. She has drawn our attention to the directions of the Supreme Court in K. 1, which were Anjinappa Vs. K.C. Krishna Reddy & Another considered by the Supreme Court in a recent order dated 20 May 2022 passed in Charanjeet Singh Chanderpal Vs. Vasant D. 2 wherein the Supreme Court considering the Salunkhe & Others directions in paragraphs 12 and 12.1 in Anjinappa's case (supra) directed that the transferred complaints are required to be finally disposed of by the Bar Council of India within a period of one year from the date of the order (17 December 2021).

It was also directed that the State Bar Council would be required to decide and dispose of the complaint, received by it under Section 35 of the Advocate's Act expeditiously and to conclude the same within one year from the date of receipt of the complaint, as mandated under Section 36B of the Advocate's Act. Referring to such directions of the Supreme Court, the learned Counsel for the petitioner states that, now as the inquiry report is being forwarded by the State Bar Council to the Bar Council of India, the Bar Council of India needs to take early decision in the matter. 1 CA No.7478/2019 dated 17.12.2021 2 Conmt.Pet(C) No. 309/2022 in CA No.

6.

In this view of the matter, we are of the opinion that the learned Counsel for the petitioner would be correct in her submission, referring to the said directions of the Supreme Court that as in the present case, the proceedings are pending for quite some time, the Bar Council of India needs to take a decision of the petitioner's proceedings as expeditiously as possible. Let such decision be taken in terms of the directions of the Supreme Court. The State Bar Council shall also forward the report to the Bar Council of India as early as possible and in any event, within a period of one month from today or latest by the scheduled date. 7.

Petition is disposed of in the above terms.

BHARAT P. DESHPANDE, J.

G.S. KULKARNI, J.

VAIGANKAR ESHA SAINATH Date: 2022.09.30 20:12:21 +05'30'

VAIGANKAR ESHA SAINATH