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Adv Abhishek Pednekar   15 October 2024

Fake advocates

Sir,

I was working in law firm under the capacity of senior legal associate as I use to look after all civil cases except GST and Custom case. As they were handled by our proprietor of the firm. However, I came to know later that our proprietor is non advocate and he has also violated the section 33 of advocate act, 1961. He not appeared in tribunals of GST and customs but also argued in the case. He is liable to get punished under section 45 of advocate act, 1961. The moment I came to know I decided to take help from my friends of our legal fraternity and so commitee members from the city civil court bar but none were interested...



Learning

 8 Replies

P. Venu (Advocate)     15 October 2024

Is he not enrolled with State Bar Council? First of all, ascertain this aspect. Please do not get excited over hearsay.

1 Like

Adv Abhishek Pednekar   15 October 2024

Sir,

He does not possess any law degree as he was personating from many years as advocate for his clients.

T. Kalaiselvan, Advocate (Advocate)     15 October 2024

You can make a complaint against him not only with the bar council about his fake identity but also with the local police for this illegal act and the offence thereby.

You being an advocate yourself, you can give a complaint from your side itself since you are knowing the facts 

1 Like

Adv Abhishek Pednekar   15 October 2024

Yes Sir,

I have already informed them in the form of complaint letter addressing to Hon'ble Supreme Court, Hon'ble Bar Council of India, Hon'ble Bombay High Court, Hon'ble Bar Council of Maharashtra & Goa & Bombay Bar association...I received revert from Bar Council of Maharashtra and Goa stating that complaint is filed against the firm and show cause notice has been issued to the firm and its clients. I was asked to appear on the said date. I appeared and so from the  respondents end their advocate appeared. Arguments happened between me and opponent and bar council Maharashtra & Goa had told the opponents that we have checked in our records there is no name found.  The opponents took time to file reply on my complaint letter and next date was given, however when I appeared there advocate took discharged from the case and opponent again put an application for adjournment for week time. The hon' ble secretary told me that they are waiting for the opponent to file reply and once they file reply the Hon'ble Secretary will paas the order as the bar council of Maharashtra and Goa has confirmed the opponent is not an advocate. However, till date the opponent has not filed the reply. 

T. Kalaiselvan, Advocate (Advocate)     15 October 2024

You have wait for the decision by bar council.

Have you given a complaint to the local police, if not then do it immediately.

1 Like

Dr. J C Vashista (Advocate )     16 October 2024

You are proceeding in a right direction and as per law, well done.

Best of luck.

1 Like

Adv Abhishek Pednekar   30 October 2024

Sir,

I have received the reply of the opponent. In his reply he has stated that he can appear in GST cases as he has certificate of GST TAX PRACTITIONER. It's interesting to note that he has stated that he acts as authorised representative of his clients to appear in Custom cases, however in his reply he has not mentioned under what provision he is appearing as an authorised representative on behalf of his clients. As section 146A of custom act, 1962 states that, authorised representative can appear on behalf of the company if the person is employee, relatives, legal practitioner  or a custom broker, but neither the opponent comes up in any of these following categories. In his reply the opponent has accepted that he has not acted as lawyer as he only performed his duties as authorised representative of his clients.. but he could not explain under what capacity his name was recorded as advocate in the custom order. 

T. Kalaiselvan, Advocate (Advocate)     30 October 2024

In the given situation, you follow it up and get his license cancelled owing to his admission that he is not a lawyer, provided he had obtained licence to practice law.


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