SSng Aulakh (Senior Ship Master) 02 November 2010

Can he appear without Vakaltnama ?

Why officials and officers of the Courts should not be held answerable, who delibrately delay justice using illegal tactics ? They needs severe punishment for wasting valuable time of the Hon'ble Courts, which costs to the nation appox @ Rs. 8000/- a minute. O.O.C.J. Suit No.527/2005, Bombay High Court, Capt Sukhdev Singh v/s Great eastern shipping Co. Ltd. "a worst kind of victimisation of an employee, non payment of wages since the year of 2003" the Suit was Expedited in the year of 2007, but the trail is yet to start. Presently is before Justice Shri RY Ganoo. The delay is due to the illegal tactics adopted by the officers of the courts from time to time. The defendants advocate Mr. Nitin Thakur has not filed his Vakaltnama todate in this matter, and always tried to mislead the Hon'ble Court. He calles himself a senior counsel, is the excuse given by him. Can he appear without Vakaltnama ? Is there any set time limit to hear such matter and give justice to the vicitim ?

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5 Replies

xavier (legal manager) 03 November 2010

First time when appeared, but due to some unavoidable circumstances, if vakalath is not filed, he can undertakes to file vakalath next hearing. But next hearing he cannot appear without Vakalath and take time

A.N.Xavier Advocate Tirupur T.N,.

9345793055

SSng Aulakh (Senior Ship Master) 03 November 2010

can you tell me as to what are the consequences /losses to the defendants for their advocate not filing vakaltnama since last many years. secondly, A third party advocate Mr. Colabawala has been appearing on their behalf pretending as theit advocate and appearing just like that without any wakalatnama. What action can be taken against such lawyors ?

Ajay kumar singh (Advocate) 05 November 2010

In fact vakalatnama is an agreement between the client and the advocate throuh which the client authorises the advocate to represent him in the court/case. Unless there is a vakalatnama, the appearance of the advocate for a litigant is highly unwarranted and this conduct of the advocate should immediately be reported to the concerned State Bar Council for taking action against him.

(Guest)

Dear Capt Sukhdev Singh,

I have gone through your details posted by you. No Advocate can appear without a Vakalatnama. If the current Advocate is a senior Counsel, he has to appear on the Vakaltnama of Advocate on record.

In your case if a senior counsel is appearing against you he must be appearing on the Vakalatnama on the other advocate.

If you are not satisfied and you feel victimised, then you have a remedy provided in Advocates Act, 1961. You can laudge a disciplinary case against the errant lawyer under section 35 of the said act. You can visit the website of the barcouncil of maharastra and goa and download the complaint form. You can fill the form on Rs.100 Stamp Paper and make six copies, along with the a DD of Rs.850 kindly deposit the same with the Bar council office in FORT. I would also advise you to apply for ROZNAMA from the court. This will be a valid evidence to support your contention.

Be Rest assured that there will be an action against the Errant Lawyer, but the process of the same is slow, but it does happens.

I wish you all the best for your case. In case you need any other help, be pleased to contact me. I shall be happy to help you with what ever knowledge i have.

Sir you are Fauji and Fauji fights till the last and with the last resources available under his command.

Thanks and Best Regards,

Vivek

(Guest)

Dear Capt. Sukhdev Singh,

You can also take the help of Code of Civil Procedure. refer to Order 17 and Rule 1 of Code of Civil Procedures.

Court may Grant time and adjourn hearing. The court may, if sufficient cause is shown, at any stage of the suit grant time to the parties or to any of them ad may from time to time adjourn the hearing of the suit for reasons to be recorded in writing:

Provide that no such adjournments shall be granted more than times to a party during hearing of the suit.

Rule 2" Cost of Adjournment - The Hon'ble court has power to make such orders as to costs occasioned by the adjournment or such higher cost as the court deems fits.

Next time whenever your date is please go with an application under section 35 -B of CPC. You can claim for the cost of delay under this section.

The other options you have to move to a higher court " Supreme Court" and get a time bound order. The Supreme court upon your application and being satisfied with your arguments can direct the High court to dispose this matter within a specific period of times.

If you need any other help, please feel free to contact as it is my duty to help an "Ex-Service Man" in fighting his war for getting the Justice.

Best Regards,

Vivek