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T SANKAR RAO (-)     03 April 2022

Legal notice

Sir,
My friend has received a Legal Notice from an Advocate on behalf of his client, the Secretary of the RWA for payment of dues of Monthly Maintenance charges. The Advocate and my friend are both the members of the same RWA being the flat owners. Can the Advocate render his professional service to the RWA by issuing a Legal Notice to another Member of the same RWA? Is the Legal Notice valid?


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 3 Replies

Adv. Om Narayan Pandey (Lawyer Supreme Court of India)     09 April 2022

In reply to notice, mention that he is not competent to send you a legal notice on behalf of RWA as he is beneficiary being a member of it. Let him defend.

Palak batra   09 April 2022

Dear Querist,

 

For an advocate to send a legal notice to the RWA of the society he is a resident of hence, he is not competent to send a legal notice as mentioned section 49(1)(c) of the Advocates Act, 1961.

 

An advocate can’t represent an establishment he/she is a part of. This rule does not apply to a member appearing as “amicus curiae” or without a fee on behalf of the Bar Council, Incorporated Law Society or a Bar Association.

 

Regards,

Palak

T SANKAR RAO (-)     23 May 2022

Sirs, Rule  8 Part VI Governing Advocates Chapter II of the Advocates Act 1961 restricts the Advocate not to appear before the Court either for or against on behalf of the establishment IF HE IS A MEMBER OF THE MANAGEMENT whether it is called Executive Committee or some other name. My Advocate friend is not the Member of the Management and hence why not take up a case of co-owner against the Manaement of the RWA. Here, the Advocate although being a resident of the same Apartment of the building complex, he is an independent person on the legal profession. Why shoud he lose the client? I give below the extract of the provision of the Act.

8. An advocate shall not appear in or before any court or tribunal or
any other authority for or against an organisation or an institution,
society or corporation, if he is a member of the Executive Committee
of such organisation or institution or society or corporation.
“Executive
Committee ”, by whatever name it may be called, shall include any
Committee or body of persons which, for the time being, is vested
with the general management of the affairs of the organisation or
institution, society or corporation.


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