LexVIJAY DHANJI CHAUDHARY versus SUHAS JAYANT NATAWADKAR
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[2009] 16 (ADDL.) S.C.R. 518 _. A VIJAY DHANJI CHAUDHARY v. SUHAS JAYANT NATAWADKAR I.A. No.2 of 2009 in B Special Leave Petition (C) NO. 1848112009 OCTOBER 30, 2009 [R.V. RAVEENDRAN AND G.S. SINGHVI, JJ.] .. c Supreme Court Rules, 1966: Or. 4, ff. 1,5 and 6 - Advocates-on-record - Role and responsibility of;· in the matters filed under their signatures - HELD: Many special leave petitions are being filed with D Advocates-on-Record being mere name-lenders, without having, or taking any responsibility for the case - As a result of prevalence of such a practice, in such cases, Advocates- on-record do not appear when matters are listed either before ,. the Registrar or before the Chamber Judge or the Court, nor E do they take any interest or responsibility for processing or conducting the case - They also play no role in preparation of the special leave petitions, nor ensure that requirements of Rules are fulfilled and defects are cured - In order to enforce discipline in the working of Advocates-on-record and , - F to avoid the misuse of the system, and to ensure that Court has benefit of effective assistance of Advocates-on-record, a solution has to be found - Notice directed to issue Advocates- on-record Association and Supreme Court Bar Association to assist the Court to find appropriate solutions and provide G necessary checks and balances. CIVIL APPELLATE JURISDICTION I.A No. 2 of 2009. x IN SLP (Civil) No. 18481 of 2009. H 518 VIJAY DHANJI CHAUDHARY v. SUHAS JAYANT 519 NATAWADKAR From the Judgment & Order dated 13.1.2009 of the High A Court of Judicature of Bombay, Bench at Aurangabad in Contempts Petition No. 212 of 2007 in Writ Petition No. 4842 of 2005. Vikas Mahajan, Dharam Bir Raj Vohra for the Petitioner. B J The following Order of the Court was delivered 1. I.A. No. 2 of 2009 in an application for restoration of the special leave, petition dismissed for non-prosecution on 20.07.2009. This application discloses a disturbing trend in c regard to the functioning of Advocates-on-record. 2. The special leave petition is stated to have been drafted by Mr. Vikas Mahajan, Advocate and filed by Mr. D.B. " Vohra, Advocate-on-Record. The application for restoration is D • filed by Mr. D.B. Vohra, alleging that the case was listed for hearing on 20.07.2009 that he (Mr. D.B. Vohra, Advocate-on- Record for the petitioner) was aware of the listing of the petition, that he informed the clerk of Mr. Vikas Mahajan about the listing that Mr. Vikas Mahajan, Advocate by mistake did not enter this E case in his diary and therefore, Mr. Vikas Mahajan did not appear. There is no affidavit of Mr. Vikas Mahajan in support ' of the application. ~ 3. What is puzzling is the role or rather the absence of the role of the Advocate-on-Record in this matter. Para 4 of the F application shows that the Advocate-on-Record had nothing to do with the special leave petition except to lend his name for filing the petition. He did not take instructions from the clienV petitioner. He did not prepare the special leave petition. He did not instruct any counsel. He was not required to or expected to G 3. attend the hearing of the case. 4. The Supreme Court Rules, 1966 provide that though any advocate enrolled under the Advocates Act, 1961, is entitled to appear and plead before the Court, no advocate other H than the Advocate-on-Record shall be entitled to file an 520 SUPREME COURT REPORTS [2009] 16 (ADDL.) S.C.R. A appearance or act for a party in the Court [vide Rule 1, Rule 4 6(b) and Order IV]. Rule 5 provides that no advocate shall be qualified to be registered as advocate-on-record unless he has undergone training for one year with an Advocate-on-Record approved by the court and thereafter has passed the tests held B by the court. Rule 6(a) provides that an Advocate-on-Record shall, on his filing memorandum of appearance on behalf of a party, accompanied by Vakalatnama duly executed by the party, be entitled to act as well as to plead for the party in the matter ' and to conduct and prosecute before the court all proceedings c that may be taken in respect of the said matter or any application connected with the same or any decree or order passed therein including proceedings in taxation and applications for review. Sub-clause (c) of Rule 6 requires all Advocates-on-Record to keep such books of account as may D be necessary to show in connec
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