Advocate act

Engineer

Dear Sir,

                Please clarify the following,

An advocate says that he/she is on a panel of the Bank.

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   

     the case.

2) Can an advocate appear in court without the knowledge of the Bank.

3) Can an advocate appear in court without the consent of the Bank.

4) Can an advocate appear in the court without producing the copy of appointment on the panel of Bank.

Regards

Altaf Batliwala

 
Reply   
 
DEPUTY CHIEF EXECUTIVE OFFICER

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.

 
Reply   
 


LAWYER; LEGAL ADVISER/CONSULTANT& TRAINER

Dear  Mr.Altaf Batliwala,

 

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.

 

 


 

 
Reply   
 
Engineer

Dear Sir,

                  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   

     the case.

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.

Regards

Altaf Batliwala

 
Reply   
 

Dear Altaf

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.

Regards

SC Verma, Adv

 

 

     

 
Reply   
 
Engineer

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.

 

 
Reply   
 
Engineer

Mere empanelment of advocate per se will give right to advocate to appear on behalf of the bank ?

Can Advocate 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 ?

Is advocate who is on panel, itself is sufficient to do any acts enumerated by me ?
 

 
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