SA/32/2023
2023 Latest Caselaw 3284 UK

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                                  MCC No. 2 of 2023
                                  In
                                  SA No. 32 of 2023
                                  Hon'ble Sharad Kumar Sharma, J.

Mr. B.D. Upadhyaya, Senior Advocate, for the appellants.

Mr. Vipul Sharma, Advocate, for the respondents.

This Court is pained to record, that when the Second Appeal was argued by the learned Senior Counsel, he had never pointed out, that I had appeared as a Counsel for respondents in the PIL. The matter was adjudicated finally, and later on, even when the review was filed, the same is not the ground for seeking the review.

But subsequent thereto, an affidavit has been filed by the appellant, bringing the fact on record, that I had appeared as a counsel for the respondents in the earlier PIL. Hence, the matter is being sought to be reviewed.

Ethically, this is an act, which is uncalled for particularly from a Senior Counsel. The parties who are under litigation, should have informed the Court at the first stage itself, that I had appeared as a counsel, but not after the second appeal was decided on merits, against the appellant, and that too at the stage of review.

Owing to the above, I allow the Review Application, and as a consequence thereto, the judgment rendered by this Court on 18th March, 2023, is hereby recalled.

The Second Appeal is restored to its original number, subject to the payment of costs of Rs.20,000/- to be deposited by the appellants in High Court Bar Association Advocates Welfare Fund.

(Sharad Kumar Sharma, J.) Dated 30.10.2023 Shiv