MOHANA RAJ NAIR Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) The Petitioner ("Mrs. Nair") is an Advocate enrolled with the Bar Council of Maharashtra and Goa. She practices in the name of her firm, M/s JMB Partners, formerly M/s Mohana Nair Associates. Till the events occasioning this Writ Petition under Article 226 of the Constitution of India overtook her, she was among the lawyers empanelled with the Indian Bank, Mumbai.

(2.) From 1988, when Mrs. Nair was appointed to the Indian Bank's panel of Advocates, she was entrusted with diverse matters.

(3.) In 2003 2004, she was asked by Indian Bank's King's Circle Branch, Mumbai, to give her legal opinion in relation to the title documents for five row houses in Friends Co-operative Housing Society, Airoli, Navi Mumbai. These row houses were said to have been purchased by five different individuals, who had approached Indian Bank's King's Circle Branch for housing loans. The five individuals submitted separate title documents. The Chief Manager of the branch concerned sought Mrs. Nair's legal opinion on each of the five sets of title documents sent on to her. She was not required to cause a search to be taken in the land records, but was only asked to opine on the documents forwarded to her. On examining the documents, Mrs. Nair found that additional documents, common to all five cases, were required. She called for these. Some were sent to her. She gave five separate opinions. In these she out the documents placed before her and also listed those not provided. Her opinions were stated to be based on the documents provided (notably, the builders' letter that the properties involved were encumbrance-free) and contained caveats, being said to be subject to the documents not provided, on which she rightly declined to express any opinion. Her opinions also said that valid mortgages could be created "if the original of the Agreement for Sale" and certain other documents were deposited with the Bank.