Principal vs M/S Signature Builders
2023 Latest Caselaw 4753 MP

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                                        THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                           ITA No.13/2022
                                 (PRINCIPAL COMMISSIONER OF INCOME TAX, BHOPAL Vs M/S SIGNATURE BUILDERS)


                           Dated: 27.03.2023
                                None of the counsel authorized by appellant in the Power of Attorney is
                           present.
                           ________________________________________________________________
                                 In respect of a call given by the M.P. State Bar Council asking the
                           members of the Bar in the State of M.P. to abstain from Court work w.e.f.
                           23.03.2023, the Division Bench of this Court took suo moto cognizance of the
                           situation in WP. No.7295/2023 (In Reference (Suo Moto) vs. Chairman, State
                           Bar Council of M.P. & Others) and passed order on 24.03.2023, the operative
                           portion of which is reproduced below for ready reference and convenience:-
                              "18.        Under these circumstances, since the judgment of the Hon'ble
                              Supreme Court has been violated and keeping in mind the interest of the
                              poor litigants, we deem it just and necessary to issue the following
                              directions:-
                                (i) All the advocates throughout the State of Madhya Pradesh are
                                hereby directed to attend to their court work forthwith. They shall
                                represent their clients in the respective cases before the respective
                                courts forthwith;
                                (ii) If any lawyer deliberately avoids to attend the court, it shall be
                                presumed that there is disobedience of this order and he will be
                                faced with serious consequences including initiation of proceedings
                                for contempt of court under the Contempt of Courts Act;
                                (iii) If any lawyer prevents any other lawyer from attending the court
                                work, the same would be considered as disobedience of these
                                directions and he will be faced with serious consequences including
                                initiation of proceedings under the Contempt of Courts Act;
                                (iv) Each of the judicial officers are directed to submit a report as to
                                which lawyer has deliberately abstained from attending the court;
                                (v) The judicial officers shall also mention the names of advocates
                                who have prevented other advocates from entering the court
                                premises or from conducting their cases in the court;



Signature Not Verified
Signed by: ANAND KRISHNA
SEN
Signing time: 3/29/2023
3:44:45 PM
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                                   (vi) Such advocates shall be dealt with seriously which may even
                                   include proceedings under the Contempt of Courts Act as well as
                                   being debarred from practice.
                                           The Registry is directed to ensure that all the respondents

are served with the notice of this petition as well as of this order forthwith.

Post after service of notice."

Despite writ of mandamus having been issued by Coordinate Bench on 24.03.2023, counsel for appellant Shri Siddharth Sharma, Shri Shantanu Sharma, Abhimanyu Singh, Shri Rajat Lohia, Shri Lokendra Joshi, Shri Devendra Kumar Prajapati, Shri Shubham Manchani, Shri Mayank Upadhyaya and Shri Mohammad Ibrahim despite being authorized by appellant vide Power of Attorney, are abstaining from Court work.

This prima facie amounts to disobedience of the writ of mandamus issued on 24.03.2023 in WP. No.7295/2023.

Accordingly, Registry is directed to issue show cause notice to Shri Siddharth Sharma, Shri Shantanu Sharma, Abhimanyu Singh, Shri Rajat Lohia, Shri Lokendra Joshi, Shri Devendra Kumar Prajapati, Shri Shubham Manchani, Shri Mayank Upadhyaya and Shri Mohammad Ibrahim to explain before the next date of hearing as to why proceedings for contempt be not initiated against them for disobedience of order passed by the Division Bench on 24.03.2023 in WP. No.7295/2023.

Registry is further directed to maintain a separate file qua the contempt notice.

List after two weeks.

                                    (Sheel Nagu)                                     (Virender Singh)
                                       Judge                                               Judge
                           anand




Signature Not Verified
Signed by: ANAND KRISHNA
SEN
Signing time: 3/29/2023
3:44:45 PM