Advocate Calls Judge's Wife For Property Deal, Insists On Cash Transaction; Bombay High Court Orders Enquiry, Says Attempts To "Frame The Court"

The Bombay High Court on Tuesday ordered the Mumbai Police to conduct an enquiry into the conduct of an advocate, who called the wife of a sitting judge for a property dealing and insisting on "cash transaction."

Single-judge Justice Madhav Jamdar in his jam-packed court hall, disclosed that an attempt was being made to "frame the court" after it passed an order against advocate Vijay Kurle on April 9, for his misconduct in the court. 

"I had passed an order against Mr Kurle and after that Mr Partho Sarkar, called my wife with regards to a property. My wife thought he is a genuine purchaser. He insisted on cash transaction. But then I took the phone and told him that I am a sitting judge of the High Court and that I will not accept any cash payment and all the amount must come through cheque. Hearing me, Mr Sarkar laughed for 10 to 20 seconds," Justice Jamdar orally remarked in the court.

Further, Justice Jamdar said that, "This is nothing but an attempt to frame the court. They wanted a cash transaction to happen so that it could be later on used against the court."

Therefore, the judge ordered Malabar Hill Police Station to conduct an enquiry into the conduct of advocates Partho Sarkar, Mathews Nedumpara and Vijay Kurle to ascertain if they were in touch and behind this sudden call to his wife.

According to Justice Jamdar, he had passed some orders against Nedumpara while he was sitting with Justice Amjad Sayed in 2023 and it was then in October when his wife first received a call from advocate Sarkar.

The judge noted that Sarkar has appeared for Nedumpara in several of his contempt matters in various courts and similarly, Kurle has lodged complaints against sitting Supreme Court judges after they initiated contempt proceedings against Nedumpara.

In an order passed on April 17, Justice Jamdar noted that Nedumpara accused the court of "insulting him" by asking him to "take his seat."

In that order, the judge recorded that while it asked Nedumpara to take his seat as it was passing an order, the advocate accused the court of insulting him and even went on to the extent of saying that "he is not a slave of the court." The counsel then left the court without the judge's permission, despite him passing an order.

The judge further recorded that despite a clear undertaking given to the Supreme Court by Nedumpara that he will not repeat his conduct of "browbeating" the court or the judges, he continued with the same and upon being reminded of his undertaking, he told the judge that the said undertaking applies only for the Supreme Court and not any High Court.

Justice Jamdar, therefore, opined that the conduct of Nedumpara was only because of the recent order passed against advocate Kurle.

On Tuesday, when Justice Jamdar was recording the order, Nedumpara tried to log in the court virtually but he wasn't given entry to which advocate Maria Nedumpara vehemently opposed and even raised her voice for getting him entry but the court did not permit him.

After the judge passed the order directing the police to conduct enquiry against Sarkar and Nedumpara, his counsel Subhash Jha told the court that a thorough enquiry must be then ordered even against the house help, who was the one to get Sarkar in touch with the judge's wife.

The judge, however, said there had been no such connection of his wife with Sarkar and that a first call was made in October 2023 for a leave and licence deal but nothing transpired from it and then after that, suddenly on April 22, his wife received call from Sarkar for property dealing, when he insisted for cash transaction.

The matter will be next heard on June 10.

Case : Sabina Lakdawala v. Feroze Y. Lakdawala & Ors.

Click here to read the order