GOA ANTIBIOTICS & PHARMACEUTICALS LTD. versus R.K. CHAWLA & ANOTHER

Citation: [2011] 7 S.C.R. 846 · Decided: 04-07-2011 · Supreme Court of India · Bench: MARKANDEY KATJU, GYAN SUDHA MISRA · Disposal: Disposed off
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Judgment (excerpt)

(2011] 7 S.C.R. 846 
A 
GOA ANTIBIOTICS & PHARMACEUTICALS LTD. 
v. 
R.K. CHAWLA&'ANOTHER 
(Criminal Miscellaneous Petition No. 10490 of 2011) 
B 
JULY 04, 2011 
[MARKANDEY KAT JU AND GYAN SUDHA MISRA, JJ.] 
Advocates Act, 1961: 
c 
ss. 29, 33 - Right to practice in courts - Held: A person 
enrolled as an Advocate only can practice in courts - Natural 
person .can appear in person and argue his own case 
personally but he cannot give a power of attorney to anyone 
other than a person enrolled as an advocate to appear on his 
0 behalf -s. 32, however, vests discretion in the court to permit 
any person who is not enrolled as an advocate to appear 
before the court and argue a particular case - In the instant 
case, an application for permission was filed by the Deputy 
Manager, power of attorney holder to argue the case 
personally on behalf of the petitioner-company - Supreme 
E Court refused to exercise discretion under s.32 and rejected 
the said application - Petitioner-company granted four weeks 
time to engage a lawyer to appear and argue on its behalf 
s. 32 - Right to appear/argue on behalf of entity - Held: 
F As regards the artificial persons like a company registered 
under the Companies Act or a registered co-operative society 
or a trust, neither the Director of the company nor member of 
the Managing Committee or officer bearer of the registered 
society or a trustee has a right to appear and argue on behalf 
G of that entity, since that entity is distinct from its shareholders 
or office bearers or Directors - However, court has discretion 
uls. 32 to permit such person to appear on behalf of that 
entity. 
H 
846 
GOA ANTIBIOTICS & PHARMACEUTICALS LTD. v. 
847 
R.K. CHAWLA & ANR. 
ss. 29 and 33 - Right of an enrolled lawyer to appear on 
A 
behalf of someone and discretion vested in the court to 
permit a non-lawyer to appear before it - Distinction between. 
Power of attorney: Right of power of attorney holder to 
appear or argue - Held: Power of attorney holder cannot, 
unless he is an enrolled lawyer, appear in court on behalf of B 
anyone, unless permitted by the court uls. 32 of Advocates 
Act, though of course he may sign sale deeds, agreements 
etc. and do other acts on behalf of someone else, unless 
prohibited by Jaw-"' Advocates Act, 1961 - ss.29, 32, 33. · 
c 
CRIMINAL APPELLATE JURISDICTION : Crl. M.P. No. 
10490 of 2011. 
· 
. From the ~udgment & Order, dated 21.4.2009 of the High 
Court Of Bombay & Goa at Panaji in Criminal Revision 
0 
Application No. 60 of 200B. · > · 
~ I . 
WITH 
Crl. M.P. No. 10490 of 2011. 
Petitioner-I n-Persoh. 
The following Order of the Court was delivered 
ORDER 
Mr:Vishnu Kerikar, Deputy Manager, Finance & MS claims 
to be the power of attorney holder of the petitioner~Goa . 
Antibiotics &Pharmaceuticals Limited in this case. He wishes 
to argue the case. personally on behalf of the petitioner. 
' 
' 
' 
Section· 33 of the Advocates Act, 1961 (hereinafter 
···referred lo as the 'Act') states as· follows: 
.;;, 
. 
. 
' 
' 
· "33. Advocates. alohe entitled to practise - Except as 
· · othetwise provided In this Act or in any other law for the 
E 
F 
· time being in force,. no person shall, on or after the 
H 
848 
SUPREME COURT REPORTS 
[2011] 7 S.C.R. 
A 
appointed day, be entitled to practise in any court or before 
any authority or person unless he is enrolled as an advocate 
under this Act." 
A perusal of the above provision shows that only a person 
B who is enrolled as an advocate can practice in a court, except 
where otherwise provided by law. This is also evident from 
Section 29 of the Act. 
A natural person can, of course, appear in person and o 
argue his own case personally but he cannot give a power of 
C attorney to anyone other than a person who is enrolled as an 
advocate to appear on his behalf. To hold otherwise would be 
to defeat the provisions of the Advocates Act. 
Section 32 of the Act, however, vests discretion in the 
court, authority or person to permit any person who is not 
D enrolled as an advocate to appear before the court and argue · 
a particular case. Section 32 of the Act is not the right of a 
person (other than an enrolled advocate) to appear and argue 
before the court but it is the discretion conferred by the Act on 
the court to permit any one to appear in a particular case even 
E though he is not enrolled as an advocate. 
In this case, an application for permission has been filed 
by Mr. Vishnu Kerikar who wishes to app
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