RAJIV KOCHAR Vs. R S SHARMA

JUDGEMENT

(1.) Civil Appeal No. 5094 of 1998 The appellant and respondents had entered into a partnership amongst themselves and were practising as Advocates. The arrangement was to share fees between themselves. The partnership had started functioning somewhere in 1988, but in about five years, some disputes and differences appear to have arisen between them, with the result that the respondents are alleged to have removed some files from the chamber where they used to practice together into their own chamber without consent of or information to the appellant. Even the clients were not informed. the appellant filed a complaint before the Bar council of Delhi making various allegations, which ultimately got transferred to the Bar Council of India and was decided by it. The parties led no oral evidence before the Bar Council of India. /the Disciplinary Committee of the Bar Council of India, vide its order dated 11th December, 1997, while disposing of the appeal, issued the following directions: "in the circumstances, we direct the complainant and the respondents to jointly inform the clients in the pending cases of the period during which the cases were booked i. e. the period from December 1988 to January 1993 and to and to obtain the clients' specific willingness within two months from the date of the order and to conduct the cases after obtaining their specific instructions in writing. The complainant or the respondents should not retain the briefs without the consent of the clients and no harassment should be caused to the clients. "

(2.) We are informed that these directions have been complied with by the parties.

(3.) The Disciplinary Committee of the Bar Council of India after taking all facts and circumstances into consideration, reprimanded the conduct of the respondent advocates for the act committed by them and in view of the time that had elapsed between the alleged removal of files etc. and the date when the Bar Council of India made the order, declined to pass any order of suspension of the respondents' license to practice. Hence this appeal.