Advocate act
Altaf Batliwala
(Querist) 23 November 2011
This query is : Resolved
Dear Sir,
Please clarify the following,
I appeared in person in Consumer Court and suddenly an advocate says that she is on a panel of the Bank and pleaded for the next hearing date and court accepted her plea.
1) Can an advocate appear in the court on behalf of Bank without the details of the case.
2) Can an advoacte appear in the court on behalf of Bank without any instruction from the Bank regarding the case.
2) Can an advocate appear in court without the knowledge of the Bank.
3) Can an advocate appear in court without the consent of the Bank.
4) Can an advocate appear in the court without producing the copy of appointment on the panel of Bank.
Regards
Altaf Batliwala
R.Ramachandran
(Expert) 24 November 2011
Dear Mr. Batliwala,
These are your questions. Apart from the fact that the Advocate is on the panel of the Bank, there are some more facts, which you have not so far come out with, which prompted these queries.
Therefore, please come out with those facts also so that your query can be answered appropriately.
Altaf Batliwala
(Querist) 24 November 2011
Dear Sir,
I had filed a case in consumer court and on the hearing date no one appeared on behalf of the Bank, but all of a sudden an Advocate appeared and said that she is on the panel of the Bank and pleaded the court for the next date and agreed to file undertaking on the next hearing and court accepted the same.
1) Can an advocate appear in the court on behalf of Bank without the details of the case.
2) Can an advocate appear in the court on behalf of Bank without any instruction from the Bank regarding the case.
3) Can an advocate appear in court without the knowledge of the Bank.
4) Can an advocate appear in court without the consent of the Bank.
5) Can an advocate appear in the court without producing the copy of appointment on the panel of Bank.
Regards
Altaf Batliwala
Raj Kumar Makkad
(Expert) 24 November 2011
If any advocate is on the penal of a bank, he for a hearing can appear on its behalf even having no formal Vakalthnama or authority. You can not say whether such advocate had intimated the bank on telephone or vice-versa to appear in that case on a particular day. How can you say that bank had not consented to him?
Anyway, law permits any advocate on behalf of any party for a particular day even without formal authority.
Altaf Batliwala
(Querist) 25 November 2011
As per my knowledge;
"No Advocate shall act for any person in any Court unless he has been appointed for the purpose by such person by a Vakalatnama and signed by such person or by his recognized agent or by some other person duly authorised by or under a Power of Attorney to make such appointment."
"No Advocate who has been engaged for the purpose of pleading only shall plead on behalf of any party unless he has filed in Court a memorandum of appearance signed by
himself and stating (a) the names of the parties to the suit, (b) the name of the party for whom he appears and the name of the person by whom he is authorised to appear"
R.Ramachandran
(Expert) 25 November 2011
Dear Mr. Batliwala,
You should understand that normally, the notice of the plaint / appeal / petition / complaint has to be sent to the opposite party. It takes lot of time to serve such notice on the opposite party for very many reasons.
It is a facility, that some organizations have kept their panel lawyers, and they make an appearance and accept notice on behalf of such organizations. This is so common, in respect of Central Government, State Government, Municipal Authorities, Banks, Railways etc. etc. After having accepted the notice, they will file the Vakalatnama. It is perfectly acceptable procedure. There is no illegality or violation of the provisions of the Advocates Act or BCI Rules.
Please note that the Court Record will say that as to which Advocate accepted notice on behalf of the opposite party. If no appearance is made by the opposite party on the next date, then it is the opposite party which will suffer.
Altaf Batliwala
(Querist) 25 November 2011
Dear Sir,
The notice along with the copy of the complaint was already served to the Bank on 03/10/2011 under RPAD by District Consumer Forum and the copy of the acknowledgement is already attached to case file. The Bank was supposed to file statement on 23/11/2011. But no one appeared on behalf of the Bank and all of a sudden an Advocate appeared and said that she is on the panel of the Bank and pleaded the court for the next date and agreed to file undertaking on the next hearing and court accepted the same.
R.Ramachandran
(Expert) 26 November 2011
That is perfectly ok. In effect, Court has granted time to the defendant/opposite party to file their reply.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 26 November 2011
All rules can not be specified for normal and routine working. Panel advocates can always appear.
Even otherwise an advocate can appear in any case on oral instructions of a client and formalities can be completed on next date .
Altaf Batliwala
(Querist) 26 November 2011
Is is not necessary to produce proof that the Advocate is on the panel of the Bank ?
Mere saying that the Advocate is on the Panel of Bank is acceptable ?
Altaf Batliwala
(Querist) 26 November 2011
Mere empanelment of advocate per se will give right to advocate to appear on behalf of the bank ?
Can he do anything on behalf of the bank, unless and untill vakalatnama is signed by the bank to authorise him to act on behalf of the bank in any court of law ?
Is advocate who is on panel, itself is sufficient to do any acts enumerated by me ?
V R SHROFF
(Expert) 02 December 2011
It is a well accepted procedure, and nothing wrong to undertake to file her VP, & represent the OP.
It does not damage your case anyway.
