Bombay High Court Flags Rising Trend Of Advocates Defying Orders, Asks Bar Council For Stern Action

The Bombay High Court has observed a rising trend among advocates of wilfully disregarding court orders and escaping with an unconditional apology, and has asked the Bar Council of Maharashtra and Goa to “weed out such Advocates” by taking very stern action.

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Justices A.S. Gadkari and Kamal Khata of the Bombay High Court, who asked the Bar Council to act against advocates defying orders

Mumbai: The Bombay High Court, in an order of September 30, observed that advocates are increasingly treating court orders casually, and directed the Bar Council of Maharashtra and Goa to take stern action to send out a strong message, while hearing a writ petition [Dhiren Sushil Roy v. Cyber Police Station].

A Division Bench of Justice Ajay Gadkari and Justice Kamal Khata passed the order.

Background

The observations arose from the conduct of Advocate Mandar Lalsare, who appeared for a respondent bank. According to the Bench, he did not appear physically on September 28 despite the Court’s direction, citing commitments before the Aurangabad Bench and later “personal difficulty”. The Bench recorded that, instead of complying, a proxy counsel and an unofficial bank representative were sent, in disregard of the Court’s direction on the seriousness of the matter. Senior Advocate Girish Kulkarni appeared for Advocate Lalsare. The Court has not recorded any final finding on the advocate’s conduct in the extract available, and the matter is listed again on October 14.

‘Rising trend’

The Bench observed:

“In the recent times we have observed a rising trend amongst Advocates to willfully and contumaciously disregard or blatantly disobey the Orders of this Court…Advocates carry a perception that they could willfully disregard or disobey the Court orders and get away with it by offering some excuse or the other and if caught…tender an unconditional apology.”

The judges noted that excessive leniency has “emboldened the Advocates to treat the orders of the Court casually, wholly undermining its authority”.

Direction to the Bar Council

The Court asked the Bar Council of Maharashtra and Goa to “weed out such Advocates by taking very stern action against them to send out a strong message” and to uphold the dignity of the Court.

Why The Bar Council Order Matters

The order puts the Bar on notice that an excuse followed by an unconditional apology may no longer be treated leniently by the Court. It also brings the Bar Council into the picture, signalling that the conduct of advocates before the Court may be examined as a matter of professional discipline.

Case Title: Dhiren Sushil Roy v. Cyber Police Station [Writ Petition No. 3093 of 2025]
Bench: Justice Ajay Gadkari and Justice Kamal Khata, Bombay High Court
Date of Order: September 30, 2026
Next Hearing: October 14, 2026
For Advocate Mandar Lalsare: Girish Kulkarni, Senior Advocate

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