NEERAJ GARG Vs. SARITA RANI

JUDGEMENT

(1.) Leave granted. The appellant is a practicing lawyer, before the High Court of Uttarakhand with around 17 years standing as member of the Bar. The present appeal is limited to expunging certain observations made against the appellant by the learned Judge of the High Court while deciding four cases in which the appellant was representing one of the contesting parties. The following are the orders and proceedings of the High Court with which, we are concerned in this matter:

(2.) This Court issued returnable notice in the matter on 02.07.2021 and appointed Mr. Amar Dave as the amicus curiae to assist the Court. Mr. Dave appears and makes submissions accordingly. The Office Report in the case reflects that the Counsel for the Appellant has circulated a letter dated 13.07.2021 stating therein that the Petition has been filed only for expunging certain observations recorded against the Appellant by the High Court in the concerned cases and the Appellant is not seeking any relief against any of the arrayed Respondents and as such they be treated as Proforma Respondents.

(3.) Representing the appellant, Mr. Mukul Rohatgi, the learned Senior Counsel submits that the appellant is regularly practicing in the Uttarakhand High Court with a fairly large practice. The Counsel then submits that the remarks/observations made by the learned Judge against the Appellant were recorded without putting the counsel to notice or providing any hearing to him, before recording the adverse comments. It is also submitted that those recordings are neither essential nor necessary for the Court's verdict in the concerned cases. According to Mr. Rohatgi, such adverse comments will not only undermine the professional reputation of the Appellant but would also impact his standing and practice as a lawyer.