Adv Sonak, GIDC MD sued for professional misconduct

HERALD CORRESPONDENT, CORTALIM, JUNE 15
An application seeking action against High Court Advocate Mahesh S Sonak and the Managing Director of Goa Industrial Development Corporation (GIDC) A V Palekar for professional misconduct has been filed in the Bombay High Court.
The applicant has sought action against the lawyer under Bombay High Court Rules and Advocates Act and the Bar Council of India Rules.
The applicant, John Philip Pereira of Nagoa-Salcete, an anti-SEZ activist, is the petitioner in the writ petition filed against GIDC and six others. The applicant has alleged that Adv Sonak, despite being on the GIDC panel of advocates, appeared for respondents 3, 4, 5, 6 and 7 (all SEZ firms) in utter disregard to professional ethics. In this case, the State of Goa is respondent 1, while the GIDC is respondent 2.
Moreover, the application also states that Respondent 7, represented by Adv Sonak with Adv N Vaze, had filed a writ against GIDC.The petition, according to Pereira, was filed after an order was passed by the High Court in a writ petition of which Para No 7 states: “the counsel for GIDC assures the court that in case of Respondent 7, all steps which are required in law for canceling the allotment and lease agreement, etc would be initiated and completed before September 8, 2008 by GIDC. This is a clear indication that GIDC’s policy was not in favour of SEZ’s in Goa.
This, the applicant alleged, is a clear violation of Rule 7(ii) of GIDC (terms and conditions of fees to the Corporation’s Counsels) which states “The advocate on panel shall have the right to private practice in all matters except in civil matters, which should not interfere with the efficient discharge of his functions and duties. He will not advise or accept against the Corporation in any cases in which he is likely to be called upon to appear or advise or it is likely to affect or lead to litigation against the Corporation.”
The applicant also accused Sonak of violating Rule 22 of High Court of Bombay original side rules.Praying for suspension of sanad of Adv Sonak and action under relevant rules, the applicant also sought action against the managing director of GIDC for his acts of commission and omission.
When contacted, Adv Sonak said he could not offer his comments since the matter was sub-judice. Meanwhile, the application and writ petition is likely to come before High Court on June 16