FAO No. 760 of 2009 (1) IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH FAO No. 760 of 2009 (O&M) Date of decision: 25.4.2011 Ram Chander ...Appellant Versus Jagbir Singh ..Respondent Coram: Hon'ble Mr. Justice Rajesh Bindal Present: Mr. Sachin Mittal, Advocate, for the appellant. Mr. Arvind Singh, Advocate, for the respondent. ... Rajesh Bindal, J. In response to the notice issued, respondent Jagbir Singh is present in person in court. His parents are also present. Record from the mobile company has also been obtained showing the details of calls on the mobile of Shri Sachin Mittal, Advocate. Affidavits of Jagbir Singh and his parents have been filed in court. Parents of Jagbir Singh, namely Jit Singh and Shanti Devi have stated that their son has no ill-will or any personal grudge against Shri Sachin Mittal, Advocate and has all respect for him. They have further undertaken that they will ensure that their son does not make any telephonic call to Shri Sachin Mittal, Advocate in future and further they have decided to forego their right to claim the custody of minor daughter. The respondent have also filed his affidavit in which he had admitted making calls to the counsel. He further stated that he does not have any ill-will or any personal grudge against the counsel and tenders his unconditional and unqualified apology to him for any of his act which may have hurted him. He further stated that he will not make any telephone call to Shri Sachin Mittal, Advocate, in future and further that he is foregoing his right to claim custody of minor daughter. In addition to that, application under Order 23 CPC has been filed in court which registry may FAO No. 760 of 2009 (2) number, seeking permission to withdraw the petition filed by the respondent under the Guardian and Wards Act, 1890 (for short, 'the Act') seeking custody of the minor daughter. Though the conduct of the respondent cannot be accepted as of a normal litigant as no litigant can ever dare to call the counsel of the opposite party what to talk to threatening him on telephone. But still considering the fact that the respondent in the present case has accepted his guilt and tendered unconditional and unqualified apology for his misdeeds and further undertaken that he will not repeat the same in future, the apology is accepted. The application filed the respondent seeking permission to withdraw the petition filed by him under the Act for custody of minor Mehak @ Pooja is accepted and the petition is dismissed as withdrawn consequently all other subsequent proceedings arising therefrom fall through. The date in the appeal is preponed from 11.5.2011 to today. The present appeal is accepted and the order passed by the learned court below is set aside. 25.4.2011 (Rajesh Bindal) vs Judge