SRI N. RAVINDRANATH KAMATH v. BAR COUNCIL OF INDIA

(BY SRI. MOHAMMED ASHHAR C K.,ADVOCATE ALONG WITH SRI. SNEHARISH MUKHERJEE., ADVOCATE) …PETITIONER AND:

1. BAR COUNCIL OF INDIA (A STATUTORY BODY CONSTITUTED UNDE THE ADVOCATE ACT 1961) NO 21, ROUSE AVENUE INSTITUTTIONAL AREA NEAR BAL BHAWAN NEW DELHI - 110 002 BY ITS SECRETARY.

2. KARNTAKA STATE BAR COUNCIL (A STATUTORY BODY CONSTITUTED UNDER THE ADVCOATE ACT 1961) HAING OFFICE NEAR CUBBON PARK (OLD ELECTION COMMISSONER OFFICE) - 2 - NC: 2026:KHC:30080 WP No. 3274 of 2022 HC-KAR AMBEDKAR VEEDHI BANGALORE - 560 001 BY ITS SECRETARY.

3. LAKSHMINARAYANA SENIOR ADVOCATE, FATHER'S NAME NOT KNOWN TO COMALINANT, MAJOR BY AGE, R/AT NO 15/A, BALAJI KRUPA, SAI NILAYA, 1ST CROSS, 1ST MAIN ROAD, RMV II STAGE, I BLOCK, ASHWATHNAGAR, DOLLARS COLONY, BENGALURU- 560 094. …RESPONDENTS (BY SRI.ANUBHA SRIVASTAVA.,ADVOCATE FOR R1; SRI. NATARAJ., ADVOCATE FOR R2; SRI. S.M. CHANDRASHEKAR., SENIOR ADVOCATE FOR SRI. S.R. DODAWAD., ADVOCATE FOR R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH ENTIRE PROCEEDINGS IN THE REVISION PETITION NO.19/19 FILED BY THE R-3 BEFORE THE R-1 CONSEQUENTLY THE INTERIM STAY GRANTED BY R-1 IN STAY PETITION NO.10/19, IN REVISION PETITION 19/19 DATED 25.05.2019 ON THE FILE OF BAR COUNCIL OF INDIA NEW DELHI AS MENTIONED IN ANNX-B-1 MAY BE QUASHED. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL - 3 - NC: 2026:KHC:30080 WP No. 3274 of 2022 HC-KAR ORAL ORDER Petitioner, a designated Senior Advocate, had filed a complaint under Section 35 of the Advocate's Act, 1961 against respondent No.3 who is also a designated Senior Advocate alleging certain misconduct arising out of certain financial understanding between them. The said complaint was filed on

05.03.2019 before the respondent No.2-Karnataka State Bar Council, which after taking cognizance of the matter had issued notice of the complaint to respondent No.3 on 25.04.2019.

2. Records revealed on the very same day, a communication was received by the respondent No.2-Karnataka State Bar Council from the respondent No.1-Bar Council of India requiring respondent No.2-Karnataka State Bar Council to transfer entire file/records purportedly upon a review petition filed by the respondent No.3. The proceedings in the meanwhile before the respondent No.2-Karnataka State Bar Council was directed to be stayed. The said order was complied with. It is this order of the respondent No.1- Bar Council of India which - 4 - NC: 2026:KHC:30080 WP No. 3274 of 2022 HC-KAR has triggered the petitioner to approach this Court by way of this petition seeking following reliefs; filed by the 3rd respondent before "a) to quash entire proceedings in the Revision Petition No. the 1st respondent consequently the Interim Stay granted by 1st respondent in Stay Petition No.10/19, in Revision Petition 19/19 dated 25-5-2019 on the file of Bar Council of India New Delhi as mentioned in ANNEXURE-"B-1" may be quashed. (In view of 1st respondent not furnishing copy of the Revision Petition No.19/19 till now inspite of the request of the Petitioner, same is not filed) b) The 2nd respondent may be directed to proceed with the complaint of the Petitioner against 3rd respondent produced at Annexure "А" as expeditiously as possible in accordance with law. IN THE ALTERNATIVE If for any reason this Hon'ble court were to hold that the prayer A and B cannot be considered at this stage by this Hon'ble Court, in such event pursuant to the Order of 1st respondent dated 25.05.2019 in Stay Petition No.10/19 in Revision Petition 19/19 on the file of Bar Council of India, New Delhi produced at ANNEXURE-"B-1", notice of the said proceedings along with copy of the Revision Petition may be issued to the Petitioner and 1st respondent may be directed to dispose the said proceedings as expeditiously as possible in the interest of justice. c) For such other order and orders as this Hon'ble court deems fit in the circumstances of the case in the interest of justice and equity."

3. Learned Senior Counsel appearing respondent No.3 referring to an application filed under IA No.1/2026 raises a preliminary objection with regard to very maintainability of the present petition. He submits admittedly - 5 - NC: 2026:KHC:30080 WP No. 3274 of 2022 HC-KAR file/ records having been called for by the respondent No.1-Bar Council of India in exercise of its power under sub-Section (2) of Section 36 as well as under Section 36B of the Advocate's Act, 1961, it is the respondent No.1-Bar Council of India which is required to proceed with the matter as if the complaint was filed before the respondent No.1-Bar Council of India. Therefore, he submits that petition has rendered itself infructuous and no purpose would be served.

4. Learned counsel for the petitioner in response though addressed his arguments on merits, referring to alternate prayer made in the petition, fairly submits in view of the inordinate delay in disposal of the complaint filed by the petitioner, and in the light of the matter being seized before the respondent No.1-Bar Council of India, if a direction is issued to the respondent No.1-Bar Council of India to dispose of the complaint filed by the petitioner in its original jurisdiction, expeditiously within time-bound manner, providing opportunity to the petitioner to contest his case, purpose of the petition would be served. - 6 - NC: 2026:KHC:30080 WP No. 3274 of 2022 HC-KAR

5. Learned counsel for the petitioner also submits that respondent No.1- Bar Council of India also be directed to furnish entire set of records pertaining to the matter seized before it as the petitioner has not been served with the same till date.

6. Learned counsel appearing for the respondent No.1- Bar Council of India though submits that all the records pertaining to the complaint has been furnished, however fairly submits another set of documents be furnished to the petitioner.

7. In that view the matter, petition is disposed of with the following directions; (i) Respondent No.1- Bar Council of India shall furnish one set of entire records pertaining to the matter between the petitioner and respondent No.3 within 15 days from the date of receipt of certified copy of this order. (ii) Respondent No.3 is at liberty to file statement of objections to the complaint filed by the petitioner - 7 - NC: 2026:KHC:30080 WP No. 3274 of 2022 HC-KAR within 30 days thereafter by furnishing copy of the same to the petitioner. (iii) Petitioner is at liberty to file reply/rejoinder as the case may be within 30 days thereafter. (iv) Once the pleadings are completed, respondent No.1- Bar council of India shall proceed to adjudicate upon the issues between the parties and dispose of the matter in accordance with law within an outer limit of one year thereafter as the matter is pending since 2019. (v) All contentions are kept open. Sd/- (M.G.S. KAMAL) JUDGE RU List No.: 1 Sl No.: 40