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2004 Supreme(SC) 299

R.C.LAHOTI, A.R.LAKSHMANAN
Madhav M. Bhokarikar – Appellant
Versus
Ganesh M. Bhokarikar (Dead) Through Lrs. – Respondent


ORDER

These are two appeals under Section 38 of the Advocates Act, 1961.

2. The appellant is an advocate duly enrolled under the provisions of the Advocates Act, 1961 (herein after referred to as the Act for short). Proceedings were initiated against the appellant by the Disciplinary Committee of the State Bar Council on a complaint made by the respondent accusing the appellant of having taken dealership of a retail outlet of petroleum products. On enquiry, the Disciplinary Committee of the State Bar Council found the charge proved. According to the State Bar Council, the appellant, though a practising advocate, applied for the dealership and subsequently secured a letter of intent in his favour. Thereafter, the petrol pump was also started. The complaint was made after about two years of the retail outlet having remained in operation. During the pendency of the enquiry against the appellant, he entered into a partnership with his younger brother wherein the mutual arrangement arrived at between the two partners was that the appellant would remain a sleeping partner and his younger brother would actively and wholly look after the business. On 20.6.1998, the State Bar Council having










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