(Per : HONOURABLE MR.JUSTICE V. M. SAHAI) 1. We have heard learned Senior Counsel Mr.J.R.Nanavati assisted by learned advocate Mr.H.J.Nanavati for the appellant and learned Senior Advocate Mr.P.K.Jani assisted by learned advocate Mr.Pravin Panchal for the respondents. Mr.Jani has produced the resolution of Bar Council dated 23.3.2012 which we have taken on record.
2. The dispute in the present appeal is that, according to the respondents, the appellant was a Full Time Lecturer and not a Part Time Lecturer and, therefore, he could not practice as an advocate, and on that ground the action has been taken by the Bar Council of Gujarat against the appellant for deleting his name from the Roll of the advocates, and accordingly, Resolution No.105 of 2003 came to be passed on 30.12.2003.
3. It appears that the Bar Council of Gujarat considered the request made by the appellant and held a meeting on 23.3.2012 and passed a resolution which is extracted below:
“With reference to the letter dated 22.03.2012 of Shri P.K.Jani, Sr.Advocate representing the Bar Council of Gujarat in Letters Patent Appeal No.1349 of 2004 in Special Civil Application No.1067 of 2004 in the matter of Mr.Dhirajlal G.Modi Vs. Bar Council of India and Another, it is hereby resolved to accept the suggestion of Mr.P.K.Jani, Sr.Advocate, conveying inter alia that the appellant is willing to surrender his Sanad till he remains Principal of the Law College and that therefore, it would be in the fitness of things to accept the said suggestion of Mr.P.K.Jani, Sr.Advocate and he be conveyed accordingly.”
4. Learned counsel Mr.P.K.Jani has submitted that the Bar Council of Gujarat wants to treat the appellant fairly, and if the appellant surrender the Sanad/Certificate to the Bar Council of Gujarat, the Bar Council of Gujarat will withdraw the removal order.
5. In pursuance of the aforesaid resolution passed by the Bar Council of Gujarat, learned Senior Counsel Mr.J.R.Nanavati for the appellant submitted that the appellant will surrender his Sanad/Certificate to the Bar Council of Gujarat within 15 days from today. If the said Sanad/Certificate is surrendered by the appellant, the Bar Council of Gujarat shall pass appropriate orders of withdrawing the order dated 30.12.2003 by which the Sanad/Certificate of the appellant was cancelled. Till the appellant is in service, he shall not practice as an advocate.
6. With the aforesaid observations and directions, the appeal stands finally disposed of with no order as to costs.
(V.M. SAHAI, J.) (A.J.DESAI, J.) syed/