Mahesh 16 April 2022

Can advocate file vakalatnama?

(138 NI Act) can empanelled advocate of any bank file vakalatnama on behalf of accused?

Read more at: https://www.lawyersclubindia.com/forum/can-empanelled-advocate-for-sbi-file-vakalatnama-on-behalf-of-accused--223688.asp

(138 NI Act) can empanelled advocate of a bank file vakalatnama on behalf of accused? bounced cheque is from same bank branch

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3 Replies

Chandan Shaikh 16 April 2022

if he appeared on behalf of complaint and intended to appear on behalf of accused too at same time then such advocate can't appear as counsel. coz no advocate can appear for both the parties at same time in a same litigation.

Pradipta Nath (Advocate) 16 April 2022

The empanelled Advocate is ought refer the agreement of his/her empanellment before taking any decision.

Supinder Singh 16 April 2022

It would depend upon the Empanelment policy of the Bank.

For eg.

J&K Bank specifically provides in its Empanelment policy that "The empanelled lawyer/law firm shall not take any brief, or give any advise against the Bank."

Guidelines for Empanelment of lawyers for India Post Payment Bank also on similar lines state that - "The panel advocates and their Juniors shall not appear/advice against the Bank under any Circumstances"

Baroda U.P. Bank also lists similar conditions in its Advertisement for Empanelment of Lawyers.

So, considering that a number of banks do not allow their empanelled lawyers to appear against them, there is a probability that even the bank you are empanelled with would not allow such an appearance.