Removal of Authorised Representatives
C.A Alok Mukherjee
(Querist) 28 July 2010
This query is : Resolved
We had appointed an advocate for the petition of our appeal, due to unavoidable circumstances we have decided to withdraw the power entrusted with the said consultant as AR and for that purpose the Vakalatnama as executed will be withdrawn. When asked the appellate authority, he told a formal letter required by him for this purpose. Kindly guide us about the formalities what we as a company should do. Also please provide us a draft letter for our submission to Appellate Authority.
S. Bharath
(Expert) 28 July 2010
It may be made as a petition seeking permission to withdraw the engagement and to engage a new advocate. Please also remember that an advocate whose fees [or a part of it] is unpaid, has a lien over the brief and it needs to be discharged.
APARNA NANDAKUMAR
(Expert) 28 July 2010
It can in the format of an ordinary letter as stated by the Appellate Authority. If you are engaging another Advocate, the consent for change of vakalat can be obtained on the right hand side of the vakalatnama. A petition is not necessary.
Devajyoti Barman
(Expert) 28 July 2010
Its only a formal letter and no special format is required.
s.subramanian
(Expert) 28 July 2010
i agree with aparna. moreover the supreme court has recently laid down that an advoacte has nolien at all for the non payment of the fees dues.
soumitra basu
(Expert) 01 August 2010
Please note that the Hon'ble SC has stated that an advocate has no lien over the brief of the client. However, he can file suit for his fees.
You should take no objection letter from the earlier advocate by clearing his fees and appoint a new one.
I do not think any permission is required from the appellate authority for changing of advocate. It is the assessee's right.
