Senior lawyers owe duty to court to maintain its dignity: Delhi HC

PTI, Dec 5, 2023, 7:52 PM IST

Senior lawyers not only represent the parties but also owe a duty to court to see that its majesty and dignity is maintained, the Delhi High Court has said while issuing a notice to the CEO of a US-based realty firm in a contempt plea over alleged violation of its order.

Justice Dinesh Kumar Sharma said it was the duty of the senior lawyers to assist the court in a manner that its orders are complied with in letter and spirit.

”The majesty and dignity of the Court are of utmost importance. Senior lawyers appearing before the Court not only represent the parties but also owe a duty to the Court to see that the majesty and dignity of the Court is being maintained,” said the court in a recent order.

”If the orders of this Court are being violated then in that case, it is not adversarial litigation but it is the duty of the learned senior counsel to assist the Court in a manner that such orders are being complied with in letter and spirit,” the court said. In pleas filed in relation to a lawsuit before the high court, the technical experts alleged that in spite of a restraining order, the real estate company proceeded with the production/discovery of certain documents in a court in the US relating to its litigation with another entity over a copyright claim here.

The plea for contempt action was opposed by the senior lawyer for the company.

The court observed that in November, after hearing the parties, it took a prima facie view that they would not proceed in respect of production/discovery of certain documents before the US court.

Stating that it had already started hearing the matter on merits, the court asked the alleged contemnor to file his response and listed the matter for further hearing on December 11.

”Issue notice to Mr. Michael Degiorgio contemnor/Respondent, Chief Executive Officer, Commercial Real Estate Exchange Inc. through E-mail and courier upon taking steps by the applicant/ Kroll (Technical Expert Commissioner), returnable on 11.12.2023 at 11.30 AM,” the court ordered.