72008
72008
HYDERABAD
* * *
Between:
and
The case referred to the Disciplinary Committee No.III by the Bar Council of A.P.
This case coming on for consideration before the Disciplinary Committee No.III
and after giving notice to the Advocate General under section 35(2) of Advocates’ Act,
1961 and after perusing the entire record, the committee made the following:-
O R D E R
The complainant filed the above complaint against the respondent stating
that she approached the respondent on 21-05-2007 to file case regarding conjugal
matter with her husband and that the respondent took her signatures on vakalat papers
and advance of Rs.10,000/- for filing the case in Ranga Reddy District Court. The
respondent gave case Nos. as FCA 186/07 & I.A.Nos. 275,276,277 and 288/2007 and
he did not give copy of the filed case. When the complainant approached the respondent,
the respondent is giving false statements and bluffing the issue. When enquired, no
such case numbers were found. When contacted on phone, the respondent was stating
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that the papers are with his assistant and also demanding additional amount of
2. Having received the notice in the said complaint, the respondent entered his
appearance in person and filed his defence affidavit denying the material allegations
made against him in the complaint. He further submitted that the complainant
approached him through his close friend Sri Marri Narayana Rao along with her father
respondent found that there is no jurisdiction for filing criminal and civil cases at twin
husband is a non resident Indian residing at USA and her in-laws are resident of
Venkatagiri, Nellore District and she never stayed at Hyderabad along with her husband.
As per the instructions given by the complainant, the respondent in order to settle the
then the complainant and her father mustered 10 to 15 unsocial elements to kidnap
Mr.Udai Kumar and the respondent having come to know of the same warned them.
The respondent also negotiated the matter with the husband of complainant through
phone. Counsel of Mr.Udai Kumar also got issued a legal notice in relation to the
incident held on 29-04-2007. Subsequently, the respondent did not contact the
complainant. The complaint is filed without any basis or without having any documentary
evidence. The complainant never paid him Rs.10,000/- nor did he demanded
Rs.10,246/- and that he never gave any case numbers and on 29-04-2007 the
respondent left for Chennai and returned back in the 1st week of July. The complainant
developed personal grudge against the respondent, as the meeting convened by him
with Mr.Uday Kumar met with failure and filed this complaint only to defame him.
3. After taking up the matter on file, notice was issued to both parties. On
M.Polisetty and A.Vinod filed vakalat and for filing reply the matter was adjourned to
22-03-2008. On 22-03-2008, the complainant called absent and the respondent also
called absent. The matter is posted to 12-04-2008 for filing reply finally on payment of
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costs of Rs.500/- to Bar Council. On 12-04-2008 the complainant called absent.
12-07-2008, the complainant called absent. Respondent called and his counsel present.
Intimation sent to the complainant was not returned. The matter is posted to 02-08-
2008 for dismissal. The complainant never appeared before this Committee.
4. Hence, the Committee feels that the complainant is not evincing any interest to
proceed with the case, though the matter is posted to framing of issues and for enquiry.
6. Hence, the Committee feels that there is no point in pursuing the matter further
and it results only in waste of time and therefore the complaint is hereby dismissed.
APPENDIX OF EVIDENCE
ORAL
For the Complainant: - None
For the respondent: - None
DOCUMENTARY
( By Order )
(N.Renuka)
Secretary, Bar Council of Andhra Pradesh &
Registrar, Disciplinary Committee No.III
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