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2013 DIGILAW 2485 (MAD)

S. Ramesh Kumar v. Disciplinary Committee, Chennai

2013-07-16

M.JAICHANDREN

body2013
Judgment :- 1. Heard the learned counsel appearing on behalf of the petitioner, as well as the learned counsels appearing on behalf of the respondents. 2. At this stage of the hearing of the writ petition, the learned counsels appearing on behalf of the respondents had pointed out that an efficacious, alternative remedy is available to the petitioner, as against the impugned order passed by the 1st respondent, dated 28.1.2012, by filing an appeal before the Bar Council of India, under Section 37 of the Advocates Act, 1961. Even though the learned Senior Counsel appearing on behalf of the petitioner had submitted that the petitioner has made out a prima facie case for this Court to interfere, it has been rightly pointed out by the learned counsels appearing on behalf of the respondents that the petitioner can avail the alternative remedy available to him, under Section 37 of the Advocates Act, 1961. 3.The learned counsels appearing on behalf of the respondents have further submitted that the petitioner may be permitted to file an appeal before the Bar Council of India, under Section 37 of the Advocates Act, 1961, within a period of four weeks, from the date of receipt of a copy of this order. 4. In view of the above submissions made by the learned counsels appearing on behalf of the respondents, this Court is of the view that it would be open to the petitioner to file an appeal before the Bar Council of India, under Section 37 of the Advocates Act, 1961, within a period of four weeks from the date of receipt of a copy of this order. It is also made clear that the impugned order passed by the 1st respondent, dated 28.1.2012, shall stand suspended, till the petitioner files the appeal before the Bar Council of India, as directed by this Court. 5. Subject to the above observation, the writ petition stands dismissed. No costs. M.P.Nos.1 and 2 of 2012 are closed.