ULLASH CHANDRA SAHOO Vs. BANK OF INDIA

JUDGEMENT

(1.) PURSUANT to the order dated 17.8.2006, Shri P.C. Das, Advocate and Notary, Cuttack appears in person and files an affidavit. Shri R.C. Das, Advocate for opp. party Nos. 1 to 3 has also filed an affidavit in Court today. Shri P.C. Das has stated in the affidavit that on 14.8.2006, he was mentally disturbed due to some family disturbance and at 11.00 A.M. in the morning, Shri R.C. Das, Advocate came to him and asked him to endorse a signature in the counter affidavit. He has further stated that Shri R.C. Das often got many affidavits sworn to before him and on the relevant date, he (R.C.Das) requested him to endorse his signature in the counter affidavit to be filed in the writ application and stated that the affidavit has been brought by him Shri (R.C. Das) with due permission of the Court. He being convinced, on good faith, endorsed the said affidavit to have been sworn to by Shri Pradumnya Kumar Rout, Authorized Officer of opp. party No. 1. He has admitted that it was a mistake. On stating the above, Shri P.C. Das has sought unconditional apology for the said mistake.

(2.) SIMILARLY , Shri R.C. Das, Advocate in his affidavit has stated that under wrong judgment and without prior permission of the Court, he managed to get the counter affidavit sworn to before the Notary Public on 14.8.2006, admitting that he has acted in an indiscipline manner which amounts to objectionable conduct. He has also sought unconditional apology undertaking that such mistake will not occur in future. Thus, it would be seen that both Shri P.C. Das as well as Shri R.C. Das have candidly admitted the unauthorized and illegal act and have begged unconditional apology.

(3.) WITH regard to the writ application, the petitioner has filed a rejoinder affidavit today in Court.