Judgment

V.N. Khare, J.-This appeal under Section 18 of the Advocates Act 1961 (hereinafter referred to as he “Act”) at the instance of the appellant who is a practicing Advocate of the High Court of Delhi as well as an Advocate on Record of this Court is directed against the order dated 2.3.1998 passed by the Disciplinary Committee of the Bar Council of India on a complaint filed by the respondent (hereinafter referred to as complainant) whereby the Bar Council of India after having found that the appellant has committed professional misconduct, suspended his licence to practice for a period of five years.

2. The facts that emerge out of the complaint filed by the complainant are these:

Some time in September 1989, the complainant engaged the appellant for filing a suit for injunction on the Original Side of the High Court of Delhi. The appellant filed the suit. The appellant is alleged to have charged Rs. 25,102/- towards payment of court fee and also Rs. 389/- for miscellaneous charges total amounting to Rs. 25,491/-, and also a further sum of Rs. 6,500/- out of which Rs. 3,500/- was paid through cheque and a sum of Rs. 3,000/- in cash. The appellant gave receipt dated 6.10.89 for