NOC from earlier Advocate
Associate R
(Querist) 04 December 2008
This query is : Resolved
An Advocate filed his Vakalatnama and defended the Applicants in Workmen's Compensation matter and the matter got dispose off subsequently. Now the Applicants wants to withdraw the compensation amount deposited by the Employer and for that purpose they have appointed another Advocate. Now the Hon'ble Court has rasied a query that the Applicants need to be identified by earlier Advocate & take his NOC. As far as my knowledge is concerned, when the matter got disposed off, the role of earlier Advocate ceases. I will be obliged if any one provide me the relevant judgments related to the same and please guide in the matter.
Rajan Salvi
(Expert) 04 December 2008
I am afraid there may not be judgments directly on this aspect. However if your title for the application of withdrawal amount is seen , it will be ' application no. xx/xx in Wc/xx/xx. Vakalatnama enables an advocate to ACT,APPEAR and PLEAD. Withdrwal also includes acting. Judge is right in inisting for NOC , as the parties are same cause of action is same and a matter cannot be defended by two advocates simultaneusly. Moreover, if u know what i mean, it is in the greater interest of the Advocates community also. What stops the person from obtaining NOC?
Tribhuwan Pandey
(Expert) 04 December 2008
Still the matter is in existence. These are professional ethics/conducts, you must obtain NOC from earlier advocate because from beginning to end the earlier advocate has conducted the case, why your client is not approaching his previous advocate, might be some dues/legal fee etc. pending and he is avoiding to pay. As a good professional say your client obtain NOC from his previous advocate.
However I could not get any such judgments in this regard.
Associate R
(Querist) 18 December 2008
Thanks for your valuable advice.
