Hitesh Jayantilal Thadeshwar v. Adv Iva Satishchand Bansal And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7185 OF 2024 LAXMI SUBHASH SONTAKKE WITH INTERIM APPLICATION NO. 9138 OF 2024 IN WRIT PETITION NO. 7185 OF 2024 LAXMI SUBHASH SONTAKKE Date: 2024.06.13 23:51:55 +0530 Hitesh J. Thadeshwar .. Petitioner

Versus

Iva Satishchand Bansal & Ors.

.. Respondents Adv. Sagar P. Batavia for the Petitioner.

Adv. Shekhar Jagtap for Respondent No.3.

Ms Iva Satishchand Bansal, Respondent No.1 is present.

CORAM:

B. P. COLABAWALLA & FIRDOSH P. POONIWALLA, JJ.

DATE:

P. C.

1.

The above Writ Petition is filed seeking the following reliefs: [A] That a Writ of Certiorari, Writ of Mandamus or any other appropriate writ, order or direction be issued and order dated 18.03.2024 be quash and set aside;

[B] That a Writ of Certiorari, Writ of Mandamus or any other appropriate writ, order or direction be issued by which Respondent No.2 be given direction to take the Disciplinary Case No. 166/2023 & 350/2023 on daily basis without adjournment except a proper cause;

[C] That a Writ of Certiorari, Writ of Mandamus or any other appropriate writ, order or direction be issued by which extension of 3 (three) months be provide to Respondent No.2 to hear and order the Disciplinary Case No. 166/2023 & 350/2023 and arrive at finality;

[D] That a Writ of Certiorari, Writ of Mandamus or any other appropriate writ, order or direction be issued by which the Respondent No.3 be directed to change the Committee persons for hearing the Revision Petition No. 19 of 2024 and Stay Petition No. 3 of 2024;

2.

Despite these reliefs, the learned Counsel appearing for the Petitioner submitted that since the Revision Application filed by Respondent No.1 is pending before the Bar Council of India [Respondent No.3], the above Writ Petition can be disposed of by directing the Bar Council of India to decide the Revision Application as expeditiously as possible. 3.

The learned Counsel appearing for the Bar Council of India [Respondent No.3] has stated that the Bar Council of India will require three to six months to dispose of the Revision Application filed by Respondent No.1

as its Members come from all over India. Respondent No.1, who is present in person, also stated that she has no objection if the directions sought by the Petitioner are given.

4.

Considering the consensus between the parties, we dispose of the above Writ Petition by directing the Bar Council of India [Respondent No.3] to dispose of the Revision Application filed by Respondent No.1, namely, Revision Application No. 19 of 2024, as expeditiously as possible, and in any event within a period of six months from today. 5.

The Bar Council of India [Respondent No.3.] is also directed not to grant any unnecessary adjournment either to Respondent No.1 or to the Petitioner.

6.

It is needless to clarify that we have not opined on the merits of the matter, one way or the other and the same shall be decided by the Bar Council of India [Respondent No.3] on its own merits and in accordance with law.

7.

The Writ Petition is accordingly disposed of. No order as to costs.

8.

In view of disposal of the Writ Petition, nothing survives in the above Interim Application and the same is disposed of accordingly. 9.

This order will be digitally signed by the Private Secretary/ Personal Assistant of this Court. All concerned will act on production by fax [FIRDOSH P. POONIWALLA, J.] [B. P. COLABAWALLA, J.]