Bose, J. - (1.) This matter arises out of a summons issued to Mr. G, a Senior Advocate of this Court, under Order IV, Rule 30, of the Supreme Court Rules, to show cause why disciplinary action should not be taken against him.
(2.) Mr. G was called to the Bar in England and was later enrolled as an Advocate of the Bombay High Court. He is also an Advocate of this Court. On 20-12-1952 he entered into an agreement with a client whereby the client undertook to pay him 50 per cent, of any recoveries he might make in the legal proceedings in respect of which he was engaged. On this being reported to the High Court the matter was referred to the Bombay Bar Council and was investigated by three of its members under section 11 (1) of the Bar Council Act. They recorded their opinion that this amounted to professional misconduct. The High Court agreed and suspended Mr. G from practice as an Advocate of the Bombay High Court for six months. The learned Judges considered that they had no power to affect his position as an Advocate of this Court, so directed that a copy of their judgment be submitted to this Court to enable this Court to take such action on it as it thought fit. Acting on this report this Court issued notice to the petitioner under Order IV, Rule 30 to show cause why disciplinary action should not be taken against him. About the same time Mr. G filled a petition for a writ under Art. 32 of the Constitution. We are confining ourselves in this order to the matter raised in the summons.
(3.) There is no dispute about the facts. They are set out in Mr. G's petition under Article 32 and are as follows: On the 23 rd of July 1951 Mr. G's client is said to have entered into an agreement with the Baroda Theatres Ltd., for work on a picture which they intended to produce. The remuneration agreed on was Rs. 15,000. Of this Rs. 3,000 was paid at once and the balance, Rs. 12,000 was to be paid on the completion of the picture. It is said that at the date of the dispute the Baroda Theatres admitted that Rs. 9,4000 was due, but as they did not pay up, the client consulted Mr. G about the best way to recover his money and wanted to know what the expenses and fees would be. After examining the matter in detail and talking it over with his client, Mr. G advised him that two courses were open to him.;