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TMI Blog1988 (4) TMI 219X X X X Extracts X X X X X X X X Extracts X X X X ..... ners. 2. Pursuant to Court s suo motu notice, proceedings now come up for considering the affidavit of advocate Nitin Kantawala filed to show that there is, as against him, no case for criminal contempt. Before that, however, a brief resume of the facts and circumstances may be useful. 3. The main relief claimed in these petitions relates to refund of duty paid. At the hearing, the respondents had contended that the petitioners had earlier filed three writ petitions and, pursuant to orders thereon, obtained refund; that even so, the petitioners filed the present petitions claiming refund once again of those very amounts; whereas earlier refund was founded on bills of entries cash numbers, claim in the present petitions was on bills of e ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... roceedings against Shah. 6. We are only concerned with contempt notice to Advocate Nitin Kantawala and his detail affidavit in reply thereto. Considering the said affidavit in the context particularly that action in contempt is a quasi-criminal proceeding, I am of the view that this is a case where benefit of doubt should go to Kantawala. While Advocates and their staff are all certainly expected to be careful in the performance of their duties and the discharge of their responsibilities towards the litigants as also the Courts, mistakes can and do occur. If the alleged misconduct is intentional, action must follow. But if it is unintentional, it can be condoned. And if it is not certain, one way or the other, then the benefit of that unc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... firm had filed diverse petitions on behalf of several clients. And then further - ..... I say that in respect of the said petitions also I had in good faith accepted the statements prepared by the said Shah as correct. I say that when any clients like the petitioner had given correct papers all along for a period covering eight to ten months, a confidence and trust had been created in my mind that the petitioner would be giving correct and genuine particulars. I never suspected that he would be giving incorrect particulars or papers for filing petitions. I say that the petitioner never disclosed to me as to whether amounts had already been received in respect of some claims of refund or that the papers and particulars given to me had ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aid circumstances. 8. Question is : Has the learned Advocate made out a case for discharging the notice against him? Experience does show that when several petitions, of similar nature are being filed, a format is generally prepared and blanks like titles, figures, dates, numbers, amounts, etc., are filled in. Experience also shows that when there is common challenge and common question and petitions filed in groups, the same are sometimes also taken up in groups, admitted in groups and even heard in groups. Similar orders - sometimes in terms even of minutes of the order - then follow on similar petitions. There is in this behalf trust and confidence reposed by the Court in the Bar and by the Bar in the litigants. If in this process a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tal distinction between the two - indeed, as much vital as between acquittal and conviction. 10. Such then is the emerging situation. Though the learned advocate does not, as he would have wished , come out of it with high honours, he cannot, in all fairness to him, be denied benefit of reasonable doubt by a Court of justice, equity and good conscience. He has also tendered his unconditional apology. In all the circumstances, these suo motu proceedings against him are dropped. 11. As earlier noted, proceedings have been already instituted against the concerned party Kumar Prabhulal Shah both under the criminal law of the land as also under the Contempt of Courts Act. Nothing herein said or observed can affect hearing and adjudication t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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