• Can a Director be the Counsel of Petitioner of his own company

Dear Sir
My name is Siddhartha Dikshit, I have completed LLB last 2 year ago. and I am one of the director of a Private Limited company which provided website development service. Recently one of my clients not paying the due invoice so I decided to file a case at Calcutta High Court under section 468.
Now my doubts is Can a Director be the Counsel of Petitioner of my Own  Company? Please guide me on this?

Thanks
Siddhartha Dikshit
Asked in Business Law from Kolkata, West Bengal
Firstly, how can the case under section 468 be filed directly in the High Court? which lays down the standards of etiquette and professional ethics for a lawyer

Under rule 9 of section 1 to Part A which lays down the standards of etiquette and professional ethics for a lawyer, framed by Bar Council of India, a lawyer shall not hold brief for a company in which he is a director.
Ashish Davessar
Advocate, Jaipur
19896 Answers
520 Consultations

5.0 on 5.0

Firstly, how can the case under section 468 be filed directly in the High Court? 

Under rule 9 of section 1 to Part A which lays down the standards of etiquette and professional ethics for a lawyer, framed by Bar Council of India, a lawyer shall not hold brief for a company in which he is a director.
Ashish Davessar
Advocate, Jaipur
19896 Answers
520 Consultations

5.0 on 5.0

9. Not represent establishments of which he is a member

An advocate should not appear in or before any judicial authority, for or against any establishment if he is a member of the management of the establishment. This rule does not apply to a member appearing as “amicus curiae” or without a fee on behalf of the Bar Council, Incorporated Law Society or a Bar Association..

in the present case since you are a director of company you cannot appear as its counsel .
Ajay Sethi
Advocate, Mumbai
28583 Answers
1551 Consultations

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