3. Secretary, Karnataka Khadi Gram Udyok Samyukta Sangha Vs JS Kulkarni BCI Tr Case No.12/1990

Secretary, Karnataka Khadi Gram Udyog Samyukta Sangha vs. J.S.Kulkarni, BCI Tr.

Case no 12/1990

FACTS: - In this case complainant engaged the respondent advocate , J.S.Kulkarni for filing

the execution proceeding in the court for the execution of the certain decrees obtained in the

civil suit. It was alleged that the advocate file the execution proceeding in the competent

court and he had received the different amounts towards the decretals amounts in different

execution proceeding but he did not pay the whole amount to the compliant. The complainant

was successful in proving that the after having engaged the respondent to represent him in the

execution proceeding arising out of decree against the judgement debtor he recovered but the

whole amount was not paid to the complainant.

HELD: - disciplinary committee of the Bar Council of the India held that Rules 23 to 30

stated in the section II of the Chapter II of the Part 5 of the BCI rules specially provide that an

advocate shall keep an account of the client money entrusted to him and the account so

prepared should know the amount received from the client or on his behalf the expenses

incurred for him and debits made on account of fees with respective dates and all other

necessities particulars. Whenever the moneys are received from or an account of a client the

entries should contain a reference as to whether the amount have been received for the fees or

expenses and during the course of the proceeding, an advocate shall, except with the consent

in writing of the client concerned, be liberty to divert any portion of the expenses towards

fees. Where any amount is received or given to him on behalf of his client the fact of such

receipt must be intimated to the client, as early as possible.in view of the above duties of the

client the committee held that the advocate had failed to discharged his duties towards the

client as he neither furnished the accounts of the recovery of the amount from different

judgement debtor nor refunded the said amounts to the client nor proved the claim of settled

or unsettled fees payable by the client to him. The committee held that the advocate guilty of

having committed professional misconduct and ordered that he be suspended from the

practice for a period of one year from the date of the receipt of the order. The committee

debarred him from practicing in any court or before any authority or person during the period

of suspension.