Mp.Rajya Van Vikas Nigam Ltd. vs Regional Provident Funds ...
2023 Latest Caselaw 4845 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                       WP No. 10711 of 2006
                                 (MP.RAJYA VAN VIKAS NIGAM LTD. Vs REGIONAL PROVIDENT FUNDS COMMISSIONER)

                           Dated : 27-03-2023
                                 None for both the parties.


                                 Division Bench of this Court has taken suo motu cognizance of
                           communication made by Chairman of State Bar Council of M.P asking entire
                           Lawyer community in State of M.P. to abstain from Court work.
                                 In PIL vide order dated 24.3.2023 passed in W.P No.7295/2023 in para-

                           18 following directions were issued:-

                                       "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
Signature Not Verified
Signed by: MONSI M SIMON
Signing time: 3/28/2023
1:20:19 PM
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                                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;
                                         (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."

                                 Division Bench had issued directions to Advocates to attend the Court
                           work forthwith and to represent their clients in their respective cases. If
                           abstention from work is deliberate then Advocate will have to face serious
                           consequences including initiation of contempt petition.
                                 In view of same, as Advocates for the parties are not appearing in the
                           case, Registry is directed to issue show cause notice to counsel for the
                           petitioner(s) as well as counsel for the respondent(s) whose name appear in the

Vakalatnama to give explanation why Contempt Proceedings may not be initiated against him/her/them for deliberate violation of order dated 24.3.2023 passed in W.P No.7295/2023.

Notices shall not be issued to Government Advocates appearing for State since they remained present in Court and complied with directions passed in WP No.7295/2023.

List the matter after four weeks.

Signature Not Verified Signed by: MONSI M SIMON Signing time: 3/28/2023 1:20:19 PM

(VISHAL DHAGAT) JUDGE mms

Signature Not Verified Signed by: MONSI M SIMON Signing time: 3/28/2023 1:20:19 PM