Law:

Section:

Legal practitioner--Professional misconduct---Advocate misappropriating amount paid to him by his client for filing suit and as a part of his professional fee---Advocate raising plea that papers for filing suit were misplaced/lost by High Court office but in fact suit papers were returned to the Advocate by the High Court Office for removing objections---Advocate, however, failed to refile the suit for a long time and addressed a letter to the client that in case the said suits had not already been got restored through some other counsel, he was willing to co­operate fully without charging any fee and without insisting on the payment of his outstanding bills first and he could work only in terms of his approved schedule of fee and the payment was made of all his bills forthwith---Advocate, was found to be guilty of misappropriation by the Bar Council---Supreme Court declined interference. JUDGMENT KULDIP SINGH, J: --D.S. Dalai was a practising Advocate in Delhi. The Bar Council of India by its order, dated October 24, 1981, removed his name from the rolls of advocates of the Bar Council of Delhi and the Sanad granted to him has been withdrawn. This appeal under section 30 of the Advocates Act is against the order of the Bar Council of India. 2. The State Bank of India lodged a complaint before the Bar Council of Delhi on September 4, 1978. It was alleged in the complaint that the appellant alongwith two other Advocates was practising under the name and style of "M/s. Singh & Company", a firm of Advocates and solicitors having their office at 2670, Subzi Mandi, Delhi. It was alleged that the advocates were duly engaged by the Asaf Ali Road Branch of the State Bank of India to file a recovery suit against M/s. Delhi Flooring (Pvt.) Ltd. for the recovery of Rs.6,12,164.10. "Singh & Company" (the Firm) at that time was represented by Mr. D.S. Dalal, Mr. B. Singh and Ms. V. Singh, Advocates, who were the partners of the said firm and were conducting cases for and on behalf of the Firm. 3. It is the case of the complainant that in the year 1975, the file relating to the case which was to be filed against M/s. Delhi Flooring (Pvt.) Ltd., containing original…

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