Judgment required

Kiran Waikar (Querist) 24 December 2008 This query is : Resolved
Dear Experts,

In a workmens' compensation matter, I want to withdraw my client's F.D. which got matured. The Hon'ble Labour Court directed me to take NOC from old Advocate for the said purpose. Is it required to take noc from old Advocate to get refund of F.D. since the matter is already contested and got disposed off in 2000.
Please can anyone provide me the judgment where there is no need to take noc from old Advocate simply for withdrawal of FD.

Thanks in advance!

Follow Query

Report Abuse

Srinivas.B.S.S.T (Expert) 24 December 2008
While granting the compensation amount cheques courts do insist the presence of the Advocate who held the vakalat at the time of filing the petition. It is for the purpose of identification (to confirm that the person who actually filed the petition is the person who is present there for receiving the cheque). The Advocate has to identify the petitioner and endorse the same on the petition. If the party want to change the earlier Advocate they can either obtain NOC from him or can file an affidavit expressing their intention to change the advocate.

Kiran Waikar (Querist) 24 December 2008
In my case already compensation amount was received by the Applicant and the rest of the amount was deposited in F.D. in the name of two minors. Out of these one FD is already withdrawn with the help of another Advocate. Now the second FD needs to be withdrawn. For that purpose, the client approached another Advocate. Now the Advocate's role is only to make application for permission to withdraw the FD on maturity and help them to get the cheque of FD. For this purpose, the Court is insisting to take NOC from the earlier Advocate. The Court has already allowed second Advocate for withdrawl of first FD. Now for third Advocate, the Court is insisting for NOC for the same. Please advise.

Kiran Waikar (Querist) 24 December 2008
Any case law on the same would be appreciated.

Thanks in advance!

Prof. Dr. Amaresh Kumar (Expert) 26 December 2008
From your submission it seems that you are habitual in changing the advocate. You have to file a NOC from the earlier advocate after settling his fee and remuneration or file an affidavit giving the justified reasons for changing the advocate.It is advised for future please do not change advocate frequently and believe in the law. Do not cut short for your selfish interest.