GOA ANTIBIOTICS & PHARMACEUTICALS LTD. Vs R.K.CHAWLA AND ANR.
Bench: GYAN SUDHA MISRA,MARKANDEY KATJU
Case number: Criminal.M.P (PR) 10490 of 2011
Page 1
GOA ANTIBIOTICS & PHARMACEUTICALS LTD. v.
R.K. CHAWLA & ANOTHER (Criminal Miscellaneous Petition No. 10490 of 2011)
JULY 04, 2011 [Markandey Katju and Gyan Sudha Misra, JJ.]
[2011] 7 SCR 846
The following Order of the Court was delivered
O R D E R
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 to as the
‘Act’) states as follows:
“33. Advocates alone entitled to practise Except as otherwise
provided in this Act or in any other law for the time being in force, no
person shall, on or after the 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 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 argue his own
case personally but he cannot give a power of 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.
Page 2
Section 32 of the Act, however, vests discretion in the court, authority or
person to permit any person who is not 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 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 appear and argue on behalf of the petitioner-Goa
Antibiotics & Pharmaceuticals Ltd. which is a company registered under the
Indian Companies Act. We are not inclined to exercise our discretion under
Section 32 of the Act and hence we reject the said application.
However, we grant the petitioner four weeks’ time to engage a lawyer to
appear and argue on behalf of the petitioner-company.
We make it clear that as regards artificial persons like a company
registered under the Indian Companies Act, or a registered co-operative
society, or a trust, neither the Director of the Company nor member of the
Managing Committee or office bearer of the registered society or a trustee
has a right to appear and argue on behalf of that entity, since that entity is
distinct from its shareholders or office bearers or directors. However, it is the
discretion of the court under Section 32 of the Act to permit such person to
appear on behalf of that entity.
There is a distinction between the right to appear on behalf of someone,
which is only given to enrolled lawyers, and the discretion in the Court to
permit a non-lawyer to appear before it. Under Sections 29 and 33 of the Act
only those persons have a right to appear and argue before the court who are
enrolled as an advocate while under Section 32 of the Act, a power is vested
in the court to permit, in a particular case, a person other than an advocate to
appear before it and argue the case. A power of attorney holder cannot,
Page 3
unless he is an enrolled lawyer, appear in Court on behalf of anyone, unless
permitted by the Court under Section 32 of the Act, though of course he may
sign sale deeds, agreements etc. and do other acts on behalf of someone
else, unless prohibited by law.
Accordingly, the matter is adjourned by four weeks to enable the
petitioner to engage a lawyer to appear and argue on its behalf.