not returning the amount either to the decree holder Or to the judgment debtor and retaining the same with himself

Supreme Court of India
Prahlad Saran Gupta vs Bar Council Of India And Another on 26 February, 1997
Bench: S.C. Agrawal, G.B. Pattanaik
           CASE NO.:
Appeal (civil)  3588 of 1984

PETITIONER:
PRAHLAD SARAN GUPTA

RESPONDENT:
BAR COUNCIL OF INDIA AND ANOTHER

DATE OF JUDGMENT: 26/02/1997

BENCH:
S.C. AGRAWAL & G.B. PATTANAIK

JUDGMENT:
JUDGMENT 1997(2) SCR 499 The Judgment of the Court was delivered by S.C. AGRAWAL, J. :
....
The action of the appellant in not returning the amount of Rs. 1,500 either to the decree holder Or to the judgment debtor and retaining the same with himself till May 2, 1978 when he deposited it in the court was not in consonance with the standards of professional ethics expected from a senior member of the profession We are, therefore, of the view that the appellant has been rightly held guilty of professional mis-conduct for his having wrongfully retained Rs. 1,500 which had been kept with him in connection with the seltlement in the execution proceedings. We think that the ends of justice would be met if the punishment of reprimand is imposed on the appellant for the said mis-conduct on his part.

We, therefore, partly allow the appeal and, while holding the appellant guilty of professional misconduct in wrongfully retaining the amount of Rs. 1,500 which was kept with him in connection with the settlement in the execution proceedings till he deposited the said amount in the Court on may 2, 1978 and in not paying the said amount to the decree holder inspite of demand, we impose the penalty of reprimand on the appellant for the said mis-conduct. No order as to costs.