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If Earlier Council Not Discharged From Case NOC Is Needed For New Advocate To Appear: Karnataka HC
The high court of Karnataka division bench clarifies that for a new advocate to come and appear in a case the council which is holding the vakalat nama and not discharged from the case should give a ‘no objection certificate’.
The Division Bench of Justices Ravi Malimath and M Shyam Prasad stated that "...we hold that until and unless a 'no objection certificate' is obtained from the existing advocate who still holds the vakalath, no new counsel can enter an appearance on record"
In the present case, the new advocate has signed the memo where the opposite party has filed a withdrawal of the case. He stated that NOC is not required citing the judgment in Karnataka Power Transmission Corporation Ltd v M Rajashekar.
However, the bench held that the dictum in Karnataka Power Transmission was not applicable in the instant case, saying that it was applicable only in cases where the earlier advocate was discharged by the client, and not applicable in cases where earlier counsel was still retaining the brief. "The Division Bench held therein that 'no objection certificate' is not required only in a situation where the advocate is discharged by his client in a manner known to the law; only then a new council can enter appearance without a 'No Objection Certificate", held the bench. Observing that the counsel misread the Karnataka Power Transmission decision, the bench said: " When the earlier counsel still holds the vakalath, the question of a new advocate entering the case cannot be accepted".
