The Bombay High Court Nagpur Bench referred a lawyer to the Bar Council for alleged misconduct in misleading the court. It also issued contempt notices, observing parties relied on forged documents to justify unauthorised construction claims before court.
The Nagpur Bench of the Bombay High Court has recently taken issue with a lawyer for allegedly misleading the court and, in connection with the matter, referred him to the Bar Council of Maharashtra and Goa for “professional misconduct”.
The Bench was seized of a plea relating to the removal of unauthorised constructions in Nagpur. It noted that the private parties, whom the lawyer was said to be representing, were attempting to justify their possession by relying on a civil court decree.
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Petitioner Pushpa Gupta contended that the decree was not actually in her favour, alleging that it had been fabricated or misused.
A Bench comprising Justices Anil L Pansare and Nivedita P Mehta observed that if the allegation—of a forged or wrongly projected decree was ultimately proved, it would amount to a serious fraud on the court and could lead to separate contempt proceedings against the concerned parties.
The Court expressed shock at the fact that Advocate S D Chande had filed a vakalatnama for one respondent, yet appeared for seven respondents, all individuals.
The Court recorded:
“Based on his submissions, we have passed two orders. We held that these respondents have played fraud upon the Court by relying upon a forged document. Accordingly, we have issued contempt notice against these respondents,”
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The Court further referred the issue for action by the State Bar Council against the lawyer.
It stated:
“It appears that Chande has misled the Court and the parties. The mischief played by Chande amounts to misconduct. We accordingly refer the matter to the Bar Council of Maharashtra and Goa for taking suitable action against S D Chande, Advocate.”
The High Court also directed the Bar Council to take note that similar objections had reportedly been raised against the lawyer on multiple earlier occasions.
At the heart of the dispute is the petitioner’s request for demolition of structures described as unauthorised encroachments structures said to include meat and chicken shops situated on government land and on a plot leased to her, where possession has not yet been delivered to her. The Nagpur Improvement Trust informed the Court that the unauthorized structure on the leased plot would be removed within six weeks.
Appearances:
Senior Advocate Anil Mardikar with Advocate P A Gupta appeared for the petitioner, Pushpa Gupta.
Additional government pleader A B Badar appeared for the State.
Advocate S M Puranik appeared for the Nagpur Improvement Trust.
Advocates Kiran Israni and R R Chhabra appeared for the Nagpur Municipal Corporation.
Case Title: Pushpa Sanjay Gupta v. State of Maharashtra and Ors
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