Legal liability of an advocate while sending a notice
Querist :
Anonymous
(Querist) 20 September 2011
This query is : Resolved
THE HON'BLE HIGH COURT DISPOSED OFF A CASE RELATING TO THE ORDER OF DRT APPELLATE TRIBUNAL IN DISMISSING THE APPEAL FILED BY A GURANTEER. IN THE ORDERDTD.09.08.2011 PASSED IN THE PRESENCE OF THE COUNSELS OF BOTH SIDE, THE HON'BLE HIGH COURT SET ASIDE THE ORDER OF DISMISSAL WITH A DIRECTION TO BOTH SIDE TO APPEAR BEFORE APPELLATE TRIBUNAL ON 29.04.2011, ON WHICH DATE THE APPELATE TRIBUNAL SHALL FIX A DATE FOR FINAL HEARING OF THE APPEAL.IN THIS CONTEXT AND WHEN THE GURANTEER/ APPELLANT HAS NOT RECIEVED THE CERTIFIED COPY OF THE ORDER OF THE HON'BLE HIGH COURT IS IT LEGAL ON THE PART OF THE BANK ADVOCATE TO SEND A LEGAL NOTICE ON16.08.2011 TO THE GURANTEER EVEN ASSUMING THAT, THE BANK HAD INSTRUCTED HIM TO DO SO SPECIALLY WHEN THE ORDER OF THE HON'BLE HIGH COURT IS PASSED IN HIS PRESENCE. WHAT SHOULD BE THE LEGAL OBLIGATION OF THE ADVOCATE OF THE BANK IN SUCH A PECULIAR SITUATION?
R.Ramachandran
(Expert) 20 September 2011
Legal obligation towards whom?
prabhakar singh
(Expert) 20 September 2011
NOTHING!if the advocate had instructions from his client to send a notice and he has acted
accordingly,it is very much legal on his part.None in the world can hold him liable for any thing,it is part of his professional duty to do so.Moreover he is not liable for any thing towards you at least.
Has he communicated a wrong order to you?????
Or the same that was passed before you!If you have not applied for the copy still order shall be deemed to have been communicated to you as your counsel was present,you yourself admitting it.It appears you want to delay hence agitated on service of notice.Think some other idea.This one will not work.
Querist :
Anonymous
(Querist) 20 September 2011
INITIALLY I WAS THINKING IN THE SAME WAY AS MR. PRAVAKAR SINGH EXPERT HAS EXPRESSED BUT ONE THING MADE ME THINK MORE WHILE FIGHTING OR DEFENDING A CLIENT, THE ADVOCATE IS AUTHORISED TO DO ALL SUCH LAWFUL THING ON BEHALF OF THE CLIENT ON THE STRENGTH OF THE VAKALATNAMA EXECUTED BY THE CLIENT, BUT WHILE SENDING AN ADVOCATE NOTICE WHAT IS THE FORM OF AUTHORISATION,EXCEPT THE SELF DECLARATION OF THE ADVOCATE THAT, 'THE NOTICE IS SERVED ON THE INSTRUCTION OF AND ON BEHALF OF'AND IF THE CLIENT WILL SAY THAT, NO SUCH INSTRUCTION IS GIVEN TO THE ADVOCATE& ALSO HOW CAN THE ADDRESSEE WILL KNOW THAT, THE ADVOCATE WAS PROPERLY INSTRUCTED AND IF AT ALL INSTRUCTED ,WHETHERB THE ADVOCATE SHOULD NOT HAVE ADVISED HIS CLIENT THAT SUCH A NOTICE CAN NOT BE SENT IN VIEW OF THE ORDER OF THE HON'BLE HIGH COURT PRONOUNCED IN HIS PRESENCE.
Advocate. Arunagiri
(Expert) 20 September 2011
The advocate had to communicate or send notice with the correct information to the best of his knowledge.
If he communicates or sends the notice with a wrong information by mistake or negligence, the advocate is liable.
In this case the HC ordered both the parties to present before the DRAT on ... The advocate had sent notice to the other side communicating the order of the HC.
There is nothing wrong in it. In fact the advocate is expediting the matter.
Querist :
Anonymous
(Querist) 20 September 2011
I KNOW IF THE NOTICE IS SENT IN INTIMATING THE ORDER OF THE HON'BLE HIGH COURT IRRESPECTIVE OF INSTRUCTION OR NOT OF THE BANK,BUT IF AT ALL THE NOTICE IS SENT DIRECTING TO DEPOSIT THE OUTSTANDING DUES WITH INTEREST TILL THE DATE OF REPAYMENT ,WITH A THREATENING TO TAKE LEGAL ACTION LIKE AUCTIONING OF THE RESIDENTIAL HOUSE KEPT AS COLATERAL SECURITY INSPITE OF THE PENDENCY OF THE DISPUTE BEFORE THE COMPETENT AUTHORITY.
Sailesh Kumar Shah
(Expert) 20 September 2011
Communication the order of the High Court doesn't amount to any wrong.
Querist :
Anonymous
(Querist) 20 September 2011
BUT THE ADVOCATE NOTICE IS SENT DIRECTING TO REPAY THE OUTSTANDING DUES WITH INTEREST TILL THE DATE OF REPAYMENT,THREATENING TO AUCTION THE COLATERAL SECURITY WHICH IS THE ONLY RESIDENTIAL HOUSE OF THE GURANTEER INSPITE OF THE FACT THAT, ASS PER THE ORDER OF THE HON'BLE HIGH COURT, THE APPEAL AT DRT APPELATE TRIBUNAL IS GOING TO REOPEN FOR ADJUDICATION OF THE DISPUTE ON MERIT
R.Ramachandran
(Expert) 20 September 2011
Is there any stay against the bank? If not, notwithstanding that the appeal is to be heard by the Tribunal, there is absolutely nothing that is illegal about the legal notice in question sent by the Advocate.
Advocate. Arunagiri
(Expert) 20 September 2011
The notice of the advocate can be treated as two parts:-
1.Communicating the order of the HC.
2.Communicating the available solution to end the legal battle.
The advocate can be held responsible, only if he exceeds in reproducing the order of the HC.
prabhakar singh
(Expert) 20 September 2011
GOOD !Mr.Anonymous,
fighting or defending is good thing,but thinking in wrong way is never.
What i am again pointing out is that that you can complain against advocate only when he has communicated a wrong order,and not on the basis that he has no authority to communicate
that order to you as it was passed in presence of both parties.
As to second part of your misconception that how can you ascertain that he is acting under authority with out any vakalatnama attached with notice i wish to point out that even if it is attached with,though you are not authorized to ask for it legally,how can you ascertain that vakalatnama is genuine or forged????
To verify all this ,you need to communicate
with party,hence send a reply notice to the party Bank to verify that whether they have really instructed the advocate to serve you a notice,in case they deny,serve a notice upon the advocate that why he has served you a notice without any authority,still your act would be not complete you will have to search what is the cause what could be the action,you will find he has committed misconduct for which a complain could be lodge before Bar council where he is enrolled,this much is your right,if you successfully get a denial from Bank.
prabhakar singh
(Expert) 20 September 2011
What idiom it goes in English is unknown to me but in Hindi it is called"Kyoun bematlab til ka taad bana rehe ho bhayee"
R.Ramachandran
(Expert) 20 September 2011
Dear Mr. Prabhakar,
Whether "making a mountain out of a mole hill" is an equivalent of what you said in Hindi?
prabhakar singh
(Expert) 20 September 2011
Thank you very much,Mr.Ramachandran.
Arif Iqbal
(Expert) 20 September 2011
Exactly.....Mr Phabhakar has shot the bull's eye
M/s. Y-not legal services
(Expert) 20 September 2011
This author making us fool. Even we peoples sending reply to his query.. Dear friends, see one thing that this author is how much knowledge in law.. He can be any other except an advocate? As an advocate why he have to hide his self?
Guest
(Expert) 20 September 2011
lets see what will happen after this reply.
Raj Kumar Makkad
(Expert) 20 September 2011
I do agree with tom. Ignore such person. Why are we wasting our valuable time upon such rigid person who do not believe upon advocate and asking his query from other advocates. what is this mockery?
Daksh
(Expert) 20 September 2011
Dear Mr.Raj Kumar Makkad,
What Mr.Anonymous is doing is not forbidden on this forum you may agree with Tom but putting your words in others mouth and concluding one sided is unfair and unreasonable as well. If you alone wants to ignore it is o k but do not include/instigate others.
The author might be an Advocate as such he is a respectable member of our esteemed fraternity and have a valuable right of reaping the fruits of other members opinions etc.
In so far I could make out from the thread is what Mr.Anonymous wants to know is that during the pendency of the proceedings before Hon'ble Court is it alright if on instructions an Advocate addresses a legal notice which is perfectly/simply fine as there is no bar for the same.
Best Regards
Daksh
Guest
(Expert) 20 September 2011
First of all there seems to be a clear discrepancy in the question of the querist. According to him, the Order of the Hon. High Court, dated 09.08.2011 contains a direction to both sides to appear before the appellate tribunal on 29.04.2011, i.e., 4 months prior to the order of the Hon. HC. How that can be possible?
Secondly, if the advocate has not been instructed properly by the bank, how the advocate would get benefitted for himself by sending such notice by telling a lie?
Another question arises, if the advocate of the bank has issued notice irrespective of the Hon. HC Orders, how it can be presumed that he would not have properly understood and would also have advised accordingly to his client before the issue of such notice to the guarateer? Definitely he would have clearly understood the implication of the Hon. HC orders and would not have found any such order in the orders of the Hon. HC, which could have debarred him taking any such action.
I think the qerist need to reread the orders of the Hon. HC and try to understand the implication of that order correctly.
M/s. Y-not legal services
(Expert) 20 September 2011
Dear daksh. Whats wrong with makkad sir's angry.. We need not to give any respect to any one who is mis using the anonymous option.
R.Ramachandran
(Expert) 20 September 2011
Dear Mr. Daksh,
My post is definitely not in answer to the query of Anonymous, but slightly on a different point.
I find from your profile that you are a "student".
But you say "The author might be an Advocate as such he is a respectable member of our esteemed fraternity"? How are you treating yourself as a member of the fraternity (i.e. legal fraternity)?
Can you please clarify.
Querist :
Anonymous
(Querist) 20 September 2011
I KNOW VERY WELL THAT,NONE OF THE ADVOCATE COMMUNITY IS THERE TO HELP A PERSON WHOSE HUSBAND/GURANTEER SUFFERED HEART ATTACK AFTER RECIEVING SUCH AN ADVOCATE NOTICE FROM THE COUNSEL OF THE BANK AS HE WAS INSTRUCTED BY HIS LAWYER THAT,HON'BLE COURT HAS DISPOSED OF THE CASE09.08.2011 WITH A DIRECTION TO APPEAR BEFORE APPELLATE FORUM ON29.08.2011 BUT THE CERTIFIED COPY OF ORDER THOUGH APPLIED IS NOT RECIEVED BY HIM. SO AN ADVOCATE IN WHOSE PRESENCE SUCH AN ORDER IS PASSED WHETHER LIABLE TO BE PUNISHED OR NOT,BECAUSE NOBODY IS ABOVE THE LAW OF LAND. I AM ASKING THE QUESTION TO THE LAW KNOWING EXPERTS NOT THE LAYMEN
R.Ramachandran
(Expert) 20 September 2011
Dear Anonymous,
We have already answered your query clearly stating that by sending the legal notice the Advocate has not done anything illegal.
In spite of that you seem to be having a view that he has committed some illegality.
Further, I note that whoever has not shared your view, you want to brand them as 'Laymen' and not law knowing (forget about 'expert').
If you so feel that the Advocate has committed any illegality, why don't you straight away try to proceed and have him hauled up, instead of unnecessarily waiting and wasting your energy and time for any answer from any one of us?
Querist :
Anonymous
(Querist) 20 September 2011
I AM SORRY FOR THE WORDS THAT HURT ALL OF YOU, LAWYERSCLUBOFINDIA IS A PUBLIC FORUM FOR THE COMMON CITIZENS AND LAWYERS,WHERE IN MY VIEW THE LEGAL KNOLEDGE ARE SUPPOSED TO BE SHARED VOLUNTARILY WITHOUT ACCEPTING ANY FEES.WHERE I AM RESIDING THE LEARNED ADVOCATES ARE REFUSING TO DO ANYTHING AGAINST ONE OF THEIR COMMUNITY,FOR WHICH I WAS COMPELLED TO WASTE YOUR VALUABLE TIME. BUT I THINK THERE WILL BE SOME ONE WHO WILL COME FORWARD TO GIVE ME JUSTICE.
Querist :
Anonymous
(Querist) 20 September 2011
I AM READY TO PAY THE FEES IF ANY OF YOU WILL COME FORWARD TO DRAFT A PLAINT TO SUE AGAINST THE ADVOCATE AND HIS CLIENT BANK. IF NO ADVOCATE WILL COME FORWARD THEN I WILL FILE THE SAME AND CONTEST THE CASE IN PERSONAL CAPACITY.
girish shringi
(Expert) 23 September 2011
If you are in Gujarat and Advocate had done ant wrong,I can take the challenge.
O.K.
You can go through my profile and contact.
Querist :
Anonymous
(Querist) 23 September 2011
MANY MANY THANKS MR. GIRISH SHRINGI, LIKE YOU ONE OF THE EXPERT MR. PRASANTA KUMAR PARIDA OF MY LOCALITY HAS AGREED TO FIGHT IN MY FAVOR,I AM PROVIDING HIS email id laewline2011@hotmail.com,plz. share your knowledge with him because he is a handicapped person and i have no money to take him to you for a discusion,thanks a lot for your courage &inspiration given by you with a spirit to fight in favor of the victims of the society & the laws framed by the society.
