Vakalathnama cancellation

VIJAY (Querist) 13 December 2016 This query is : Resolved
Hi Experts,

I was not happy with the progress of our case in Supreme Court and I felt that the advocate was not doing anything and simply dragging the case to benefit the respondent.

I asked him for NOC and since then his response became once 10 days and very harsh and finally after 40 days he said that the AOR has been hospitalized for paralysis and can not sign the NOC.

God knows whether it is true or false but he sent me an email after much insisting with the same reason.

I even sent him a letter to his address with signatures requesting for NOC for proper process but still no NOC from him.

The new advocate initially said that we can file an affidavit with the Registry and get the Vakalath changed.

After a week, he says that affidavit might not work but he'll try. I'm at a loss here , neither here nor there.

What is the correct procedure to be followed to get the Vakalath changed when there is no NOC or advocate not giving NOC purposely.

Is there no way for a client to proceed with the case when his advocate is creating problems with NOC?

Thanks.

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Guest (Expert) 13 December 2016
Send an Official Letter Requseting to Sign the change of Vakalat by Speed Post with acknowledgement.Let your Request be Polite.After 15 days your New advocate could Involve him self with Proof of Service of Request.If you type "Article Tracking " in Speed Post website you will get a Clear statement Of Delivery which Could be attached in the New vakalat.

VIJAY (Querist) 13 December 2016
Sir,

Thanks a lot for your advice.

I had sent a letter with the signatures of all the petitioners requesting for NOC to the advocate on 21st NOV.

I have the courier tracking bill and I can see the letter was successfully delivered to him the next day.

I have taken the screenshots of all these and forwarded to the new advocate as it is more than 15 days now.

Hopefully it works out.

I see that the Karnataka High Court has given a judgement on the NOC issues stating that it is absolute right of the litigant to change the advocate whenever he/she feels like and NOC is not mandatory.

http://barandbench.com/right-litigant-withdraw-vakalatnama-absolute-karnataka-high-court/

Does this apply to Supreme Court as well as it is the APEX court of the land.

Guest (Expert) 13 December 2016
Submit all the proofs of Letter sent and delivery report along with copy of it/Letter and Your New Advocate could Proceed with these sufficient Evidence.