Risks of Submitting Ethics Complaint During Ongoing Dispute

653 votes

Hello Sir/Mam Your Query is not Clear . Kindly Please Elaborate accordingly i can guide you. Feel free to contact over phone call for further assistance or advice. Thank You Regards Advocate Kuber Hooda

Advocate Kuber Hooda LawRato

857 votes

Subject: Legal Opinion on Ethics Complaint Submission During Ongoing Litigation Dear Your query raises important concerns regarding the submission of an ethics complaint against a company with which you are involved in a commercial dispute, while a related matter is sub judice before the Hon’ble High Court. 1. Defamation Risk: Under Indian law, particularly Sections 499 and 500 of the Indian Penal Code, 1860, a statement—even if factually correct—can constitute defamation if it lowers the reputation of a person or entity in the eyes of others, unless it falls within the exceptions. However, Exception 8 to Section 499 IPC allows for the communication of facts made in good faith to protect the interests of the person making it or of the public, such as complaints to a lawful authority or organization. Legal Tip: Ensure that: The complaint is fact-based, supported by documentation. It is addressed only to the appropriate regulatory or industry body. The tone remains professional and non-malicious. It avoids personal allegations and focuses on breach of professional/ethical standards. 2. Litigation Impact: Filing such a complaint during the pendency of an appeal, especially in a matter that has already been decided in your favour by two lower courts, must be approached cautiously. While there is no express bar on parallel complaints to non-judicial forums, it may be construed by the opposing party as an attempt to influence the pending appeal, particularly if the subject matter overlaps. Legal Tip: Ensure the complaint does not touch upon issues directly sub judice. Include a clear disclaimer that the complaint is without prejudice to ongoing judicial proceedings. Consider filing it after the High Court judgment, unless urgent harm or misconduct continues. Recommendation: Before proceeding, consult your counsel for a case-specific assessment and have the draft complaint vetted. Strategic restraint and legal prudence are essential when matters are actively pending before the Hon’ble High Court. Best regards, Adv. Mahinder Singh Mavi

Advocate Mahinder Singh LawRato

533 votes

helo i am advocate ajay godara from Hisar Haryana mana app ki puri detail check kar le ha aap ki puri help ki Jaya ge karpa kar kay case ki puri detail send kariya taki ham aap ki puri help kar saka app ko puri jankari de saka

Advocate Ajay K Godara LawRato