The Allahabad High Court has taken seriously the matter of appointing a second lawyer by giving a false affidavit about the first lawyer without contacting him and has dismissed the petition by imposing a fine of Rs 2 lakh each on the three petitioners.
A Single Bench of Justice Saurabh Shyam Shamshery passed this order while hearing a petition filed by Mohd Pervej and 2 Others.
The Court noted that,
It is very unfortunate that the petitioners herein have subsequently engaged Arun Kumar Singh, Advocate who has filed a Vakalatnama on basis of affidavit given by petitioners where it has been stated “That the petitioners are not satisfied to the work of their earlier counsel and they approached to obtain No Objection to their earlier counsel, but he refused to do the same, therefore, the deponent is filing affidavit and engaged counsel”.
Shyam Sunder Tripathi, Advocate who has filed writ petition, has appeared before the Court on behalf of petitioners and argued for sometime also. He has categorically stated that petitioners have never approached him nor asked to return the brief nor to grant NOC. Subsequently engaged Advocate has also not inquired from him about above allegations. He has seriously objected to the contents of the above referred paragraph.
In aforesaid circumstances, the Court observed that conduct of petitioners is not bonafide and they have made incorrect statements on oath.
Shyam Sunder Tripathi, counsel for petitioners is a very Senior Advocate of the Court and Court has no doubt on his bonafide statement, the Court said.
“Therefore, the petition is not only dismissed but dismissed with a heavy cost of Rs 2,00,000/- (Rs Two Lakhs) on each of the petitioners to be deposited by them before the High Court Legal Services Committee, Allahabad within four weeks. In default necessary proceedings shall be initiated against petitioners”, the Court ordered.