The Division Bench clarified the legal position on obtaining NOC from an advocate before engaging the services of another advocate while perusing an earlier case law here.
Memo for withdrawal of the appeal is filed on 31-1-2019 signed by the three appellants. The memo filed by the new counsel does not have a ‘No Objection Certificate’ from the earlier counsel. On questioning, he places reliance on the Judgment of this Court passed in MFA No.6526 of 2013 on 2-12-2016 (KARNATAKA POWER TRANSMISSION CORPORATION LIMITED., vs. M.RAJASHEKAR AND OTHERS) and submits that it is not necessary to obtain a No Objection Certificate to file a vakalath. We are unable to accept the submission. Reliance placed by the counsel on para-8 of the Judgment is misconceived. 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 law, only then a new counsel can enter vakalath without a ‘No Objection Certificate’. When the earlier counsel still holds a valid vakalath, the question of a new Advocate entering the case cannot be accepted. Therefore, the counsel has misread the aforesaid Judgment.
Citations : [2019 SCC ONLINE KAR 1974], [2019 KCCR 2 1453], [2019 AIR KAR 133], [2019 AIR KANT R 3 50], [2019 ICC 4 31]
Other Sources :
https://indiankanoon.org/doc/26814810/
https://www.casemine.com/judgement/in/5c8d0f119eff430a1ad75a63
https://www.lawyerservices.in/Bhagya-andamp-Others-Versus-Jayalakshmi-andamp-Others-2019-02-13
Other Judgements on this subject here.
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