RAMZAN FATHUBHAI TAMBOLI Vs. BANSILAL CHUNILAL MUNOT

JUDGEMENT

(1.) IN this matter Vakalatnama is filed on behalf of the appellant and the question is whether it is in proper form. The question arises because the appellant has authorised a firm of advocates practising in the name and style of Messrs R.G. Samant and Co. to appear, plead, act and to compromise on his behalf in the matter filed in the High Court. The Vakalatnama is accepted and presented on November 10, 1971, for R.G. Samant and Co. by a partner Mr. C.G. Parulekar. The question has arisen because although warrants of authority are filed on the Original Side and such Vakalatnamas are also filed on the Appellate Side on behalf of the attorneys, no such Vakalatnamas were in practice filed by advocates on the Appellate Side of this Court.

(2.) RULE 6 of Chapter IV of the Bombay High Court Appellate Side Rules, 1960, which requires a Vakalatnama to be filed runs as follows: 6(i) Where an Advocate is required to file any matter or proceeding on behalf of his client, he shall not do so, unless he produces either a vakalatnama authorising him to do so or a written statement signed by him stating that he has instructions from or on behalf of his client to file the matter or proceeding and also undertaking to file within a week a vakalatnama duly authorising him to file the same on behalf of his client. The vakalatnama or the written statement shall contain the Advocate's address. (ii) The vakalatnama shall before it is filed in Court bear an endorsement of acceptance by the Advocate concerned or by any other Advocate on behalf of such Advocate. (iii) Any matter not complying with the requirements of this rule shall not be accepted by the office.

(3.) ON behalf of M/s. R.G. Samant and Co., the partnership deed is produced. It is clear from the deed and the facts of the case that on account of the present state of health of Mr. R.G. Samant, he has no desire to attend personally to the office matters in the High Court and he intends to discharge his responsibility with regard to the work entrusted by the client to him through the partnership firm in the name and style of M/s. R.G. Samant and Co. whenever he finds it not possible to attend personally on account of bad health or risk to health. There is no law which prohibits formation of such a firm of advocates. In the draft rules framed by this High Court under the Advocates' Act, a firm of advocates is permitted to appear on behalf of the parties in the same way as advocates appearing individually or jointly.