JUDGMENT

S.C. Agrawal, J.-This appeal, filed under Section 38 of the Advocates Act, 1961 (hereinafter referred to as the Act ), is directed against the judgment of the Disciplinary Committee of the Bar Council of India (hereinafter referred to as the Disciplinary Committee ) dated March, 25, 1984 in B.C.I. Tr. Case No. 12 of 1982 whereby the Disciplinary Committee has found the appellant guilty of serious professional mis-conduct and has imposed the punishment of suspension from practice for a period of one year.

2. The appellant has been practising as an advocate at Ghaziabad and is enrolled with the Bar Council of Uttar Pradesh. He was appearing for the decree holder in Execution Case No. 55 of 1974 M/s. Atma Ram Nanak Chand v. Shri Ram Contractor in the Court of Civil Judge, Ghaziabad. A complaint was received by the U.P. State Bar Council from one, Rajendra Prasad (hereinafter referred to as the complainant), a partner of the firm M/s. Atma Ram Nanak Chand, on August 1, 1979. In the said complaint the complainant has made the following allegations against the appellant :

(1) The appellant had colluded with the judgment debtor and had realised Rs. 1,600/- from