MARKAND C GANDHI Vs. ROHINI M DANDEKAR

JUDGEMENT

(1.) Heard learned counsel appearing for the parties and Bar Council of India (for short, "B.C.I.").

(2.) By the impugned order, B.C.I. recorded a finding that the appellant had committed professional misconduct and suspended him from practising as an advocate before any Court or authority in India for a period of five years. While concluding the disciplinary proceeding cost of Rupees five thousand has been awarded against the appellant. It was directed that, in case the cost awarded is not paid within a period of one month, the period of suspension shall be extended for a further period of six months.

(3.) The sole respondent filed a complaint in the year 1984 before the Bar Council of Maharashtra (for short, "the State Bar Council") for taking disciplinary action against the appellant as, according to the complainant, appellant had committed professional misconduct. As the complaint could not be disposed of within the period of one year, as required under law, the same was transferred to the B.C.I. In view of the nature of the order that we propose to pass, it is not necessary to state respective cases of the parties. Suffice it to say that, on the pleadings of the parties, following issues were framed by the Disciplinary Committee of the B.C.I. :