KEKI HORMUSJI GHARDA Vs. MEHERVAN RUSTOM IRANI

JUDGEMENT

(1.) Leave granted.

(2.) First respondent is a practising advocate. He is a resident of Gharda Villa, 1st Floor, situated at 48, Hill Road, Bandra (West), Mumbai.

(3.) Father of the first respondent filed a suit in the year 1978 in his capacity as a tenant against the predecessor-in-interest of the Company. An application for amendment of the plaint was filed in the said suit on 17.4.1998. It is stated that the said application for amendment was dismissed. An appeal allegedly was preferred thereagainst. An interim relief prayed for by the first respondent in the said appeal is also said to have been rejected. In regard to the proposed action on the part of the Company to demolish and reconstruct the said building, the first respondent had initiated various proceedings. Bombay Municipal Corporation also issued a stop-work notice dated 25.7.1998, which was said to have been withdrawn on 21.5.1999. When repair work on the road upon removing the debris lying on a portion of the land was started, a first information report was lodged by the first respondent before Bandra Police Station against the officers of the Company and the representatives of the Contractor. A charge sheet was also filed before the Additional Chief Metropolitan Magistrate, 9th Court, Bandra in that case. However, after one month the first respondent again filed a private complaint before the Additional Chief Metropolitan Magistrate, 9th Court, Bandra in regard to the same incident wherein not only the original accused were made parties but also appellants were made accused Nos. 1 to 6. A verification statement was made by the first respondent on 6.8.1999, the relevant portion whereof reads as under: