D S DALAL Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) D. S. Dalal was a practising advocate in Delhi. The Bar Council of India by its order dated October 24, 1981, removed his name from the rolls of advocates of the Bar Council of Delhi and the sanad granted to him has been withdrawn. This appeal under Section 30 of the Advocates Act is against the order of the Bar Council of India.

(2.) The State Bank of India lodged a complaint before the Bar Council of Delhi on September 4, 1978. It was alleged in the complaint that the appellant along with two other advocates was practising under the name and style of "M/s. Singh and Company", a firm of advocates and solicitors having their office at 2670, Subzi Mandi, Delhi. It was alleged that the advocates were duly engaged by the Asaf Ali Road branch of the State Bank of India to file a recovery suit against M/s. Delhi Flooring (Pvt) Ltd. for the recovery of Rs. 6, 12, 164. 10. "Singh and Company" (the Firm) at that time was represented by Mr. D. S. Dalai, Mr. B. Singh and Ms V. Singh, Advocates, who were the partners of the said firm and were conducting cases for and on behalf of the Firm.

(3.) It is the case of the complainant that in the year 1975, the file relating to the case which was to be filed against M/s. Delhi Flooring (Pvt) Ltd., containing original and valuable documents, was handed over to the Firm by the complainant. Thereafter, the Firm submitted a bill for filing the recovery suit which included the professional fees and other miscellaneous charges. An amount of Rs. 11,475 / - was paid to the Firm on November 15, 1975, for filing the suit which included 1/3rd of the professional fee plus the miscellaneous charges. This was acknowledged by the Firm under a receipt which was placed on the record. Till December 19, 1975, the Firm did not inform the bank as to whether the suit was filed and if so what was the stage of the proceedings. The bank wrote a letter dated December 5, 1975 to the Firm asking it to send a copy of the plaint before December 8, 1975, for signatures and verification failing which the bank would be compelled to withdraw the case from the Firm. At that stage Mr. B. Singh, Advocate, one of the partners of the Firm, in his letter dated December 15, 1975 informed the bank that the suit had been filed on December 15, 1975 in the High Court of Delhi. Thereafter, the bank appears to have received no communication from the said advocates despite repeated reminders ---oral and otherwise - and the bank was kept in the dark about the fate of the case entrusted to the appellant and his associates.