MERE EMPANELMENT OF ADVOCATE PER SE WILL NOT GIVE ANY RIGHT TO ADVOCATE TO APPEAR ON BEHALF OF THE BANK.NOR HE CAN DO ANYTHING ON BEHALF OF THE BANK, UNLESS AND UNTILL VAKALATNAMA IS SIGNED BY THE BANK TO AUTHORISE HIM TO ACT ON BEHALF OF THE BANK IN ANY COURT OF LAW.
ADVOCATE WHO IS ON PANEL, ITSELF IS NOT SUFFICIENT TO DO ANY ACTS ENUMERATED BY YOU.
Questions posed by you appears to be imaginary ones. In the normal course, no Advocate would appear in the court in the circumstances narrated by you. Perhaps, it would have been proper for you to disclose the true facts and circumstances of the incident so as to have proper understanding of the issue to guide you further.
I had filed a case in consumer court and on the hearing date no one appeared on behalf of the Bank, but all of a sudden an Advocate appeared and said that she is on the panel of the Bank and agreed to file undertaking on the next hearing and court accepted the same.
1) Can an advocate appear in the court on behalf of Bank without the details of the case.
2) Can an advoacte appear in the court on behalf of Bank without any instruction from the Bank regarding
3) Can an advocate appear in court without the knowledge of the Bank.
4) Can an advocate appear in court without the consent of the Bank.
5) Can an advocate appear in the court without producing the copy of appointment on the panel of Bank.
The Principles of Natural Justice as followed by the Hon'ble Courts bind the judges or the Presiding Officers to give opportunity to the opposit party to present his / their view point ( W.S.) on the matter / issues raised by the plaintiff in his claim /complaint. Generally in lower judiciary / forums, the judges are familiar with the Advocate(s) representing the parties and accept their request or Memo of appearance to avoid delay or miscarriage of justice. It is a normal practice. Many a times, it is the Advocate on penal who informs the client of the case listed against them. So nothing unusual in your case.
The notice along with the copy of the complaint was already served to the Bank on 03/10/2011 under RPAD by District Consumer Forum and the copy of the acknowledgement is already attached to case file. The Bank was supposed to file statement on 23/11/2011. But no one appeared on behalf of the Bank and all of a sudden an Advocate appeared and said that she is on the panel of the Bank and pleaded the court for the next date and agreed to file undertaking on the next hearing and court accepted the same.