Judgment allows letters patent appeals filed by counsel and now imposed. Court expunges remarks made against the counsel. Appeals disposed of.
Expungement of observations and remarks made in the order of the Writ Court dated 18-09-2009 against the appellant counsel.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.1144 of 2017
Arising out of
Civil Writ Jurisdiction Case No. 7403 of 2008
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Gautam Kumar Kejriwal S/o Sri G.L. Kejriwal, Resident of 202, Sri Hari Arcade, Near Jahaji Kothi, Kadamkuan, P.S.- Kadamkuan, Town and District- Patna.
.... .... Appellant/s
Versus
.... .... Respondent/s
with
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Letters Patent Appeal No. 1145 of 2017
Arising out of
Miscellaneous Jurisdiction Case No. 2154 of 2011
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Patna High Court LPA No.1144 of 2017 dt.21-08-2017
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Gautam Kumar Kejriwal, S/o Sri G.L. Kejriwal, Resident of 202, Sri Hari Arcade, Near Jahaji Kothi, Kadamkuan, P.S.- Kadamkuan, Town and District- Patna.
.... .... Appellant/s
Versus
.... .... Respondent/s
=========================================================== Appearance : For the Appellant/s : Mr. S.D. Sanjay, Sr. Advocate Mr. Prabhat Ranjan, Advocate For the Respondent/s : Mr. RAJBALLABH PD. YADAV-AAG11 Mrs. Archana, A.C. to AAG-11 =========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and
HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE) Date: 21-08-2017
Delay of 7 years 295 days in filing of the appeal is
Patna High Court LPA No.1144 of 2017 dt.21-08-2017
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condoned. I.A. No. 5997 of 2017 in L.P.A. No. 1144 of 2017 stands allowed and disposed of.
Having heard learned counsel for the parties at length and on perusing the facts and circumstances of the case, we find that the only prayer made in these appeals is to expunge certain remarks made against the appellant counsel who represented the petitioner Tantia Construction Company Ltd. in C.W.J.C. No. 7403 of 2008 with regard to the conduct of the appellant Advocate. It is stated that certain observations made by the learned Writ Court with regard to the conduct of the appellant Advocate be expunged. Learned counsel representing the appellant invited our attention to various circumstances, the case of the counsel, his inexperience at the point of time when the matter was agitated in the year 2008 and expressed his apologies for having done so and indicated that his career would be adversely affected if the remarks are permitted to remain on record.
Taking note of the totality of the circumstances and the facts as have come on record and further considering the fact that there is nothing available on record to indicate that the counsel had deliberately taken the aforesaid action or had been habitually doing so in other cases, interest of justice requires that the apologies submitted by the counsel should be accepted and the remarks expunged.
Keeping in view the aforesaid, we allow these appeals
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in part and direct for expunging all the observations and remarks made in the order passed by the Writ Court on 18th of September, 2009 in C.W.J.C. No. 7403 of 2008 against the appellant counsel in question.
With the aforesaid, the appeals stand allowed and
disposed of.
(Rajendra Menon, CJ)
(Anil Kumar Upadhyay, J)
P.K.P.
AFR/NAFR N.A.F.R. CAV DATE N.A. Uploading Date 24.08.2017 Transmission Date
1 issue framed by the court
Whether to expunge observations made against the appellant advocate regarding his conduct in the underlying writ case.
Gautam Kumar Kejriwal
The State of Bihar
Tantia Construction Ltd.
Chief Justice Rajendra Menon
Justice Anil Kumar Upadhyay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
