Madras High Court
Mr.D.Madhanraj vs The Secretary on 19 April, 2023
W.P.No.2856 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.04.2023
CORAM :
THE HON'BLE MR. JUSTICE R. MAHADEVAN
AND
THE HON'BLE MR. JUSTICE MOHAMMED SHAFFIQ
W.P.No.2856 of 2023
and
WMP.No.2975 of 2023
Mr.D.Madhanraj ... Petitioner
Vs.
1.The Secretary,
The Bar Council of Tamil Nadu and Puducherry,
NSC Bose Road,
Chennai - 600 001.
2.The Registrar,
Disciplinary Committee,
The Bar Council of Tamil Nadu and Puduchery,
N.S.C.Bose Road,
Chennai - 600 001.
3.Mr.Sreedevi ... Respondents
Writ Petition filed under Article 226 of the Constitution of India seeking to
issue a Writ of Certiorari to call for the records in D.C.C.No.201 of 2022 vide
Resolution No.774 of 2022, dated 01.12.2022 in complaint No.268 of 2022 on the
file of the second respondent and to quash the same.
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W.P.No.2856 of 2023
For petitioner : Dr.G.Krishnamurthy
For respondents : Mr.C.K.Chandrasekkar for R1 and R2
Mr.R.C.Manoharan for R3
ORDER
(Order of the Court was made by R. MAHADEVAN, J.)
This writ petition has been filed by the petitioner to quash the proceedings
in D.C.C.No.201 of 2022, pending before the Disciplinary Committee, the second
respondent herein, based on Resolution No.774 of 2022, dated 01.12.2022.
2. According to the petitioner, he is practising as an advocate for the past
13 years. While so, the third respondent filed a complaint on 04.07.2022 alleging
that the petitioner had engaged in financial business in the name of M/s.Selva
Ganapathy Finance, thereby violating the provisions of the Advocates Act, 1961,
(in short "the Act") which prohibits the advocates from engaging in any direct or
indirect business activities. In the complaint, it was further alleged by the third
respondent that the third respondent requested the petitioner to lend a sum of
Rs.70,000/-. Accordingly, the petitioner paid the said loan amount of Rs.63,000/-
after deducting interest at Rs.7,000/- (10% of Rs.70,000/-). Later, the third
respondent repaid the entire principal amount with interest, but the petitioner
claimed that the third respondent is due to settle the principal amount of
Rs.80,000/-, and also threatened to lodge false complaint against her, which
constitutes professional misconduct under the Act. The said complaint was
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W.P.No.2856 of 2023
registered as complaint No.268 of 2022, to which, the petitioner sent his
explanation stating that he paid a sum of Rs.80,000/- as hand loan to the third
respondent for urgent purpose, for which, she executed a promissory note and
cheque. The said cheque was also dishonoured. Hence, the petitioner instituted a
suit in O.S.No.6419 of 2021 before the XIX Assistant City Civil Court, Chennai to
recover the suit money, which was decreed as prayed for on 10.08.2022.
However, vide resolution No.774 of 2022 dated 01.12.2022, it was resolved by
the second respondent that the complaint was referred to the disciplinary
committee for enquiry and disposal, as the allegations raised in the complaint
against the petitioner are serious in nature. Subsequently, the second respondent
issued a notice on 29.12.2022 calling upon the petitioner to appear for enquiry on
07.01.2023. Feeling aggrieved, the petitioner is before this Court with the present
writ petition for the above stated relief.
3. The learned counsel for the petitioner would contend that the petitioner
had lent a sum of Rs. 80,000/- to the third respondent for emergency purpose.
But the third respondent failed to repay the amount, which compelled the
petitioner to file a suit in O.S. No. 6419 of 2021 and also obtained a Judgment
and Decree against the third respondent on 10.08.2022. The learned counsel
would further contend that there is a property dispute between the petitioner and
his cousin, Vasantharaj, who is also an Advocate and in respect of the same, they
filed separate complaints against each other. However, both F.I.R.'s were quashed
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W.P.No.2856 of 2023
by this Court on 05.08.2020 in Crl.O.P. Nos. 13750 and 14337 of 2022, based on
a compromise arrived at between the parties. Being dissatisfied with the disposal
of the criminal case, the petitioner's cousin has conspired with the third
respondent and her husband, who are also advocates, which resulted in lodging
of the false complaint against the petitioner before the respondent Bar Council.
4. The learned counsel for the petitioner would further contend that the
complaint does not disclose any professional misconduct on the part of the
petitioner for initiation of the disciplinary proceedings against him, but the same
was referred to the Disciplinary Committee for enquiry and disposal, as a matter
of routine. It is also submitted that the allegations raised against the petitioner in
the complaint do not amount to any professional misconduct and are nothing but
a repetition of the facts on the basis of which, the suit was filed. Therefore, the
learned counsel prayed to quash the proceedings and allow this writ petition.
5. Per contra, the learned counsel appearing for the third respondent would
contend that the entire loan amount with interest was repaid by the third
respondent, yet the petitioner failed to return the empty signed documents.
Though the petitioner assured that he would search in his finance office and
return the papers, but he failed to act upon the same, which would go to show
that the petitioner has clandestinely retained the empty signed papers, including
cheques, pronotes and signed green sheets. The learned counsel further stated
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W.P.No.2856 of 2023
that since the petitioner attempted to obtain money unjustly from the third
respondent by filing suit in O.S.No.6491 of 2021 and hence, the third respondent
filed a complaint under section 35 of the Act. It is also submitted that the suit filed
by the petitioner would clearly establish that the petitioner is involved in finance
business and hence, the complaint was rightly transferred to the disciplinary
committee for enquiry and disposal. Stating so, the learned counsel submitted
that the proceedings impugned herein does not call for any interference by this
court.
6. The learned counsel appearing for the respondents 1 and 2 would
submit that after examining the allegations raised in the complaint and having
arrived at a prima facie view about the professional misconduct on the part of the
petitioner, the case was referred to the disciplinary committee for enquiry and
disposal and hence, the same does not require any interference by this court. It is
also submitted that the case was taken up on file by the disciplinary committee
and it stood adjourned to 28.04.2023 for filing counter; and that, the matter has
to be disposed of, on or before 03.07.2023, failing which, it will be transferred to
BCI under section 36B. The learned counsel further submitted that the petitioner
is adopting delay tactics for prolonging the proceedings and hence, he may be
directed to co-operate with the enquiry for early completion of the case.
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W.P.No.2856 of 2023
7. After hearing the learned counsel appearing for all the parties and upon
perusal of the materials available on record, it could be seen that the complaint
filed by the third respondent against the petitioner for the alleged professional
misconduct, has already been referred to the disciplinary committee for enquiry
and it stood adjourned to 28.04.2023 for filing counter. In such circumstances, as
agreed by the learned counsel appearing for the parties, this Court, without going
into the merits of the case, grants liberty to the petitioner to raise all the grounds
before the disciplinary committee, which shall consider the same, complete the
enquiry of the case in DCC No.201 of 2022 and pass appropriate orders, on merits
and in accordance with law, after affording due opportunity of hearing to both the
parties, within the time stipulated i.e., on or before 03.07.2023. Both the parties
shall co-operate with the disciplinary committee for early disposal of the case.
8. This writ petition stands disposed of in the above terms. No costs.
Consequently, connected miscellaneous petition is closed.
[R.M.D., J] [M.S.Q., J]
19.04.2023
rns
Speaking Order / Non-speaking Order
Index : Yes/No
Internet : Yes
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W.P.No.2856 of 2023
To
1.The Secretary,
The Bar Council of Tamil Nadu and Puducherry,
NSC Bose Road,
Chennai - 600 001.
2.The Registrar,
Disciplinary Committee,
The Bar Council of Tamil Nadu and Puduchery,
N.S.C.Bose Road,
Chennai - 600 001.
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W.P.No.2856 of 2023
R. MAHADEVAN, J.
and
MOHAMMED SHAFFIQ, J.
rns
W.P.No.2856 of 2023
19.04.2023
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