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1997 Supreme(SC) 10

SUJATA V.MANOHAR, S.C.AGRAWAL
B. R. Mahalkari – Appellant
Versus
Y. B. Zurange – Respondent


ORDER

1. This appeal has been filed under Section 38 of the Advocates Act, 1961. The appellant is enrolled as an advocate at Maharashtra Bar Council. A complaint was made by the respondent wherein it was stated that she had filed a suit for maintenance and decree was passed whereby the husband was directed to pay Rs 4600 as arrears of maintenance till 31 - 12-1969 and thereafter a sum of Rs 70 per month from 1 - 1 - 1960. The appellant was the advocate representing the complainant in that suit. The grievance of the complainant was that the appellant had paid a sum of Rs 836.29 p. in all, up to 1963 towards the amount of maintenance and no further amount was paid to her thereafter. On being asked by the complainant about payment of maintenance allowance under the decree, the appellant is said to have informed her that there was a stay order from the High Court against the execution of the decree and hence the amount had not been paid. The case of the complainant is that in 1978 she came to know that the stay order had been vacated long back and that the appellant had withdrawn the amount of the maintenance allowance deposited in pursuance of the decree from the Court but did not pay

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