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(Guest)

Appointment of advocate

Dear Sir/Madam,

One of the company situated at Canada, who has been sued by indian national in Indian Civil Court for recovery and damages of amount. Now my question is what is the procedure to appoint an advocate in India to fight the case in Indian Court. ? What is the documnets or the authorization required to appoint the advocate ?

Thanks and regards,

Motiwala Haroon Sattar

hsmotiwala@gmail.com

motiwala2@hotmail.com



Learning

 2 Replies

Nu.Delhi.Law.Fora. (Advocate-on-Record Supreme Court of India)     18 March 2013

Dear Querist,

 

The Authorised Signatory of the company duly incorporated under the laws of Canada, in order to defend itself in the Indian Civil Court against the recovery and damages of amount, needs to appoint an advocate in India, by executing following documents:

 

I. A duly Certified, Notarised and Consularised Power of Attorney in favour of the Authorised Signatory of the Canadian company from the Board of Directors vide its own resolutions.

 

II. A duly Certified, Notarised and Consularised Vakalatnama executed by the the said Authorised Signatory of the Canadian company.

 

Trust this would suffice. Please revert should you have any further query.

 

D Bhattacharya (Advocate)     24 March 2013

Dear Mr. Motiwala

For the appointment of the advocate, the Canadian company has to first appoint an officer/ employee of its own as the Authorised Signatory, by passing a resolution of the board of directors, which will empower the authorised signatory to sign the legal documents, initiate / defend the legal proceedings and appoint an advocate to represent the company. Once this procedure is complied with, the following documents are to be executed:-

1. The resolution of the board of directors prepared as above, should be thereafter duly attested/ notarised by the Consulate of Canada.

2. A Vakalatnama (as per the format of India Courts) duly signed by the Authorised signatory along with the company seal. Thereafter the same should be attested/ notarised by the Consulate of Canada.

Apart from the above, it is advisable to attach a copy of an identification proof of the Authorised Signatory, attested/ notarised by the Consulate of Canada.

 

regards

D. Bhattacharya

contact@dblaw.org


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