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Synopsis

The Delhi High Court has directed the Bar Council of Delhi (BCD) to initiate appropriate action against lawyer Sanjay Aggarwal, accused of creating a fabricated order of the Intellectual Property Appellate Board (IPAB).

The directive was issued by a division bench comprising Justice Suresh Kumar Kait and Justice Shalinder Kaur in suo motu contempt proceedings initiated by the high court.

“We hereby direct the Bar Council of Delhi to take appropriate action, as per law, against the said Mr. Sanjay Aggarwal, Advocate, if he is found guilty of manufacturing the order dated 02.03.2016 purported to be by IPAB," the court said.

The contempt proceedings were instigated after a purported IPAB order was presented before the court during a trademark suit hearing.

Upon conducting a vigilance inquiry, it was revealed that the order in question did not exist. Consequently, a single judge referred the matter to the Chief Justice for the initiation of contempt proceedings.

The primary defendant, against whom contempt proceedings were initiated, extended an unconditional apology to the court. He also elucidated the circumstances surrounding his possession of the falsified document.

According to the defendant, Advocate Sanjay Aggarwal had provided him with the document in April 2016. Aggarwal had allegedly been engaged to represent the defendants before the Trademark Registry and IPAB.

Upon discovering the fabrication of the IPAB order, the main defendant filed a complaint before the Bar Council of Delhi against Aggarwal. The court was informed that the matter is currently pending consideration before the Bar Council.

Taking into account the explanation provided, the court accepted the respondents' apology and discharged them from the contempt proceedings. However, the court directed the Bar Council of Delhi to take appropriate action against lawyer Sanjay Aggarwal if he is found guilty of manufacturing the false IPAB order.

Case Title: Court On Its Own Motion v. Vicky Aggarwal and Ors.