2022 Supreme(Online)(Kar) 44527
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WP No. 20983 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF NOVEMBER, 2022
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
WRIT PETITION NO. 20983 OF 2022 (GM-RES)
BETWEEN:
SRI. K. B. NAIK
AGED ABOUT 63 YEARS,
S/O SRI NAIK BHIMAPPA,
ADVOCATE,
FLAT 227. BLOCK D,
RADIANT JASMINE TERRACE,
JAKKUR MAIN ROAD,
SURABHI LAYOUT,
NEHRU NAGAR,
BENGALURU 3 560 064
ALSO AT:
PLOT NO.16, SECTOR NO.II,
SHIVABASAVANAGAR,
BELAGAVI 3 578 278.
&PETITIONER
(BY SRI.P.P.HEGDE, SR.ADVOCATE A/W
SRI SAGAR G.NAHAR, ADVOCATE)
AND:
1.
BAR COUNCIL OF INDIA
(STATUTORY BODY CONSTITUTED UNDER THE
ADVOCATES ACT 1961)
NO.21, ROSE AVENUE,
R
Digitally signed by
PADMAVATHI B K
Location: HIGH
COURT OF
KARNATAKA
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WP No. 20983 of 2022
INSTITUTIONAL AREA,
NEAR BALBHAVAN,
NEW DELHI 3 110 002
REP. BY ITS SECRETARY.
2.
KARNATAKA STATE BAR COUNCIL
OLD ELECTION COMMISSIONER BUILDING,
BENGALURU 3 560 001
REP. BY ITS SECRETARY.
3.
SRI BASAVARAJ MURUGESH JARALI
S/O MURUGESH JARALI,
AGE 31 YEARS,
ADVOCATE,
1ST CROSS, ADARSH NAGAR,
GANESH APARTMENTS,
BELAGAVI 3 578 274.
&RESPONDENTS
(BY SRI. SHRIDHAR PRABHU., ADVOCATE FOR R1;
SRI GAUTHAM A.R., ADVOCATE FOR R2;
SRI KETHAN KUMAR, ADVOCATE FOR C/R-3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL
FOR RECORDS AND QUASH/SETTING ASIDE THE ENTIRE
PROCEEDINGS
IN
THE
PENDING
REVISION
PETITION
NO.45/2022 ON THE FILE OF THE BAR COUNCIL OF INDIA NEW
DELHI WHILE DECLARING THE SAME TO BE ARBITRARY
ILLEGAL AND WITHOUT JURISDICTION AT ANNEXURE-E;
QUASH / SET ASIDE THE EX-PARTE PROCEEDINGS/ORDER
DTD.26.9.2022 ANNEXURE-E.
THIS WRIT PETITION, COMING ON FOR ORDERS, THIS
DAY, THE COURT MADE THE FOLLOWING:
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WP No. 20983 of 2022
The petitioner is before this Court calling in question
order dated 26-09-2022 passed by the Bar Council of India in
Revision Petition No.45 of 2022 directing suspension of the
petitioner from practicing law in any Court in the country during
the pendency of the revision petition.
2. Heard Sri P.P.Hegde, learned senior counsel appearing
for the petitioner; Sri Shridhar Prabhu, learned counsel
appearing for respondent No.1; Sri A.R. Goutham, learned
counsel appearing for respondent No.2 and Sri Kethan Kumar,
learned counsel appearing for respondent No.3.
3. Shorn of unnecessary details, the facts in brief, are as
follows:-
The petitioner is an Advocate enrolled with the Bar
Council of Karnataka and claims to have put in 28 years of
practice. He further claims that he was a former Chairman of
Karnataka State Bar Council and is a sitting Member of the said
Council. One Sri Basavaraju Murugesh Jarali another practicing
Advocate registers a complaint before the Karnataka State Bar
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Council alleging certain acts of misconduct said to have been
committed by the petitioner making reference to certain legal
proceedings. The legal proceedings were concerning O.S.No.14
of 2008 and Regular Appeal No.334 of 2019. The allegation
against the petitioner in the said complaint was that a criminal
case had been registered against one Basavaraddi Venkateddi
Chulaki and other family members for offences punishable
under Sections 341, 504, 506 and 302 of the IPC, who had
engaged the services of the petitioner as their legal counsel.
On registration of the said crime, the accused therein were in
custody from the date of arrest till the date of their acquittal by
the learned Sessions Judge in Sessions Case No.39 of 2007,
which comes about on 28.03.2008. After the acquittal and
release of Sri Basavareddi Venkateddi Chulaki, claims to have
come to know that the petitioner had created certain General
Power of Attorney and sold the property without the knowledge
of Sri Basavareddi Venkateddi Chulaki.
4. This resulted in institution of a suit in O.S.No.14 of
2008 seeking declaration of the sale deed being null and void
and not binding on Sri Basavareddi Venkateddi Chulaki. The
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suit was decreed. This was challenged by the purchaser of the
said property in R.A.No.135 of 2012. The Appellate Court
remitted the matter back to the trial Court to implead
necessary parties and then pass appropriate orders. While
doing so, the present petitioner was impleaded into O.S.No.14
of 2008. The allegations against him were that he had misused
the signatures of Sri Basavareddi Venkateddi Chulaki. The suit
again came to be decreed in favour of the plaintiff therein on
26-04-2019 and certain observations were made against the
petitioner.
5. The moment the decree comes to be passed, a
complaint
comes
to
be
registered
before
the
2nd
respondent/Karnataka State Bar Council on 28-09-2021 by the
complainant 3 respondent No.3. Explanation was sought by the
2nd respondent pursuant to which the petitioner submitted his
explanation refuting all those allegations made in the complaint
and also brought to the notice of the 2nd respondent that he
had challenged the judgments and decrees passed in O.S.No.14
of 2008 and R.A.No.334 of 2019 before this Court in
R'.S.A.No.100383 of 2021 and this Court had admitted the
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appeal and stayed the operation of the judgments and decrees
of the trial Court as well as the appellate Court. The 2nd
respondent noticing this fact, closed the proceedings against
the petitioner. On such closure of the proceedings, the
complainant approaches the 1st respondent/Bar Council of India
invoking its revisional jurisdiction under Section 48A of the
Advocates Act, 1961 (8the Act9 for short). The 1st respondent
appears to have sent a video conference link, who failed to
appear and without hearing the petitioner, on 26.09.2022 it
passed an order that the petitioner is barred from practicing in
any court of law during the pendenc