D.S. Dalal vs State Bank Of India
1984 Latest Caselaw 461 Del

JUDGMENT

N.N. Goswamy, J.

(1) The case of the petitioner, at the time when notice to show cause was issued, was that he had never appeared for Singh & Co. in the High Court and as such was not concerned in the High Court matters. This statement was not accepted by the counsel, for the respondent In fact, Mr. Vohra stated that if it can be shown even in one case that the petitioner bad appeared in this Court, the petitioner will be out of court. The respondent lies filed an affidavit. Along with the affidavit various orders of this court have also been filed. I find that the petitioner had not only signed the pleadings and Vakalatnama but has appeared on various' dates in different suits of the plaintiff itself.

(2) The complaint, by the counsel, for the petitioner is that his criminal trial may be prejudiced if he is examined under Order 10 Rule 1. This submission is also not tenatle, for the simple reason that the petitioner has already disclosed his defense in a written statement filed before.:the Bar council. There can be no question of any prejudice in the present case. Dismissed inliming.