Case: Davendra Bhaishankar Mehta Vs. Rameshchandra V. Sheth

The Judgment and Order under appeal clearly reveal that the Disciplinary Committee has taken pains in scrutinising and analysing the facts of the case as dispassionately as practicable. It also appears to us that the weaknesses in the case of the complainant was not lost sight of and has been specifically adverted to by the Disciplinary Committee even when such infirmity was not pointed out by the appellant at thewas contended that Rs.10, 000 was not advanced by the complainant and the case of such advancement of Rs. 10, 000 to the appellant-advocate by the complainant himself was false and after thought. The Disciplinary Committee has not only considered the case of the appellant as argued but has also taken into consideration the other possible argument in favour of the appellant though not argued. It was on consideration of all aspects of the matter, the Disciplinary Committee has come to the finding by giving cogent reasons therefore. To illustrate this aspect, reference may be made to paragraph 1 8 of the judgment underreally A was not merely an advocate, but also a financier, would D utter the words: "I will pay Rs.10, 000 fees to A only after the registration of theand even if he so utters these words, would C not feel suspect about the same? In fairness to A. We have addressed this question to ourselves though A did not address us on this. But in the predicament in which C was placed, in the situation in which he was made to drive himself from pillar to post and particularly having gone out of pocket to the tune of Rs 40, 000 after complying with the necessary formalities so far and keen as he was to get the loan of Rs. 7, 00, 000 as early as possible, it is quite possible that his conduct might not be that of a person who would be one of the accurate calculation and assessment."

Reasoning:
We are, however, unable to accept the said contention of the learned counsel. We have carefully considered the materials on record and the reasoning of the Disciplinary Committee in the impugned judgment and we are unable to hold that the findings of the Disciplinary committee are outcome of any closed mind or bias on the part of the committee and/or findings of the Committee really lay in the realm of surmise andIn the instant case, the committee, in our view, has referred to the admitted facts and also the facts established in evidence and on a proper analysis of the facts so established and/or admitted it has drawn reasonable inference . The Disciplinary Committee deserves commendation in disposing of the complainants case fairly and dispassionately. In the matter of imposition of punishment, the Disciplinary Committee has referred to the relevant decisions of this Court imposed the penalty by recording good reasons f or the same.We are not oblivious of the fact that a member of legal profession should not be permitted to be exposed to the hazards of false and malicious allegation against such member and extreme care and caution is required to be taken in dealing with the case of allegation of unfair and improper conduct on the part of a member of legalis no manner of doubt that the impugned decision of Disciplinary Committee has a very serious implication on the reputation and standing of the appellant in the society and to the members of his family. friends and relatives. The impugned decision has also a serious bearing on the professional career of the appellant and avocation of life in future. But giving out anxious thought and consideration in the matter we have not been able to come to the finding that the impugned order was improper and unjust and the findings are not tenable law and/or the decision has resulted in a failure of justice to the appellant. During the course of arguments before us, we had pointedly asked the learned counsel for the appellant to show us any material on record that in any other case on the advice tendered by the appellant any loan was in fact given by Mr. Balu Bhai Modi in order to dispel the inference that the appellant was not a member of the racket and was only discharging his professional duty. The learned counsel for the appellant was unable to show any evidence worth the name to prove the innocence of the appellant. The evidence of many other applicants seeking loan shows that they were also duped and met the same fate as the complainant speaks volumes against the conduct of the appellant. An advocate indulging in such nefarious activities is not entitled to continue as a member of legal profession which is based on the implicit faith and confidence in the mind of the client. From a perusal of the entire evidence placed on record and read before us, leads us to the irresistible conclusion that the appellant was not only having full knowledge about the racket but was also active member in the complicity of such racket and was getting substantial financial advantage. The appellant was not a silent spectator merely given his legal advice, but was an important link in the modus operandi of running a racket by Balu Bhai Modi. It is really unfortunate that a member of a legal profession has indulged in fraudulent activities in a calculated manner for financial gain at the cost of an innocent person. To say the least, an advocate enrolled under the Advocates Act, 1961, having a licence to represent the case of litigants is expected to maintain a high standard of morality and un-impeachable sense of legal and ethical propriety. It is not the case of a lapse to take appropriate steps by an Advocate and/or a case of negligence in discharging the duties so that any lenient view may be taken against the concerned advocate. The concerned advocate has not only misused the trust reposed in him but has played an active part in defrauding or cheating the complainant who on the basis of the false representation of the concerned advocate had to part with substantial amount to his serious loss andhave carefully considered the materials on record and the reasoning of the Disciplinary Committee in the impugned judgment and we are unable to hold that the findings of the Disciplinary committee are outcome of any closed mind or bias on the part of the committee and/or findings of the Committee really lay in the realm of surmise andconjecture.We have already indicated the anxiety of the Disciplinary Committee to dispassionately assess the facts of the case without being influenced by any observation of the High Court of Bombay. The Committee was alive to various aspects of the case and has taken care in meticulously scrutinising and analysing the evidence on record and the materials and the Committee has based its finding by giving cogent reasons and the inf erences drawn from the established facts also appear to us quite reasonable. It may be indicated at this stage that Shri Balubhai Modi had died during the pendency of the proceedings before the Disciplinary Committee of the Bar Council of India and there was no occasion to proceed further with the criminal proceeding initiated against him and/or to examine him in the instant case. It is always permissible to draw reasonable inference from the facts established in a proceeding and such reasonable inference cannot be termed as finding based on surmises and conjectures.