• Giving up Vakalatnama

I filed a writ against a Public Sector undertaking under Art 226 and 331 in the year 2007.The other party kept quiet all these 12 years and didn't file a counter.On 26.12.2019, the counsel of other party filed a memo stating that he is giving up his vakalatnama in favour of PSU as it is not cooperating.Can the writ be heard exparte? What are the remedies open to me?
Asked 6 years ago in Constitutional Law

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21 Answers

Court can decide writ exparte as no reply is filed and no lawyer is appearing on PSU behalf 

Ajay Sethi
Advocate, Mumbai
99803 Answers
8147 Consultations

 Writ can be heard and decided ex parte if the respondent does not contest it.

 

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

Yes it can be heard exparte if the party opponent is withdrawn. But the party who filed it withdraws it will be dismissed for want of prosecution

Prashant Nayak
Advocate, Mumbai
34531 Answers
249 Consultations

See in can the advocate of other party is retiring the court shall issue notice to PSU then after notice of they are not coming the court may go ahead exparte.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

If the counsel reports no instructions then the court will send notice to party directly.

The party , after receiving notice choose to remain absent then the court may set the party as exparte and an exparte judgement would be passed accordingly.

 

T Kalaiselvan
Advocate, Vellore
89998 Answers
2496 Consultations

Yes, and until now it was to be heard ex parte or some effective order would have passed. Court dose not grant such excessively long time to file reply.

Well, it is incumbent on party to submit reply. Change of advocate dose not give relaxation. Seems like your side is also sluggish to press for hearing.

Yogendra Singh Rajawat
Advocate, Jaipur
23082 Answers
31 Consultations

Surrender of vakalatnama means an advocate releasing his brief for reasons known to him.

This has nothing to do with hearig of the case ex parte as the PSU is at liberty to engage another advocate.

I wonder why you were sitting idle for such a long period.

You should rather change your advocate for not getting your case heard in all these years. 

 

Devajyoti Barman
Advocate, Kolkata
23655 Answers
537 Consultations

On what issue are you seeking decision ? Releasing vakaltnama is right of an advocate on certain circumstances. 

Devajyoti Barman
Advocate, Kolkata
23655 Answers
537 Consultations

The respondent herein, as plaintiff, filed the suit in O.S.No.110 of ... It was further stated that the Counsel for the first defendant reported no instructions and ... the judgment and decree in the suit for specific performance is not executable .... affidavit filed under Order 19 of the Code is on the record of the case .

You can find the judgment delivered by CAT on 23.1.2013 in

Vinod Anant bibvekar vs. union of India;

Vasu Thevar And Ors. vs Rukmani Ammal And Anr. on 14 January, 2000

Arumugha Gounder And Ors. vs Tmt. Palaniammal And Ors. on 7 November, 2000

T Kalaiselvan
Advocate, Vellore
89998 Answers
2496 Consultations

You don’t need judgments 

 

lawyer can withdraw his appearance 

 

PSU can engage another lawyer and if it dies not do so court can proceed exparte 

Ajay Sethi
Advocate, Mumbai
99803 Answers
8147 Consultations

It is in authority of advocate to withdraw vakalatnama for what ever reason.

Yogendra Singh Rajawat
Advocate, Jaipur
23082 Answers
31 Consultations

No need for any judgement. It's clearly as per advocates Act

Prashant Nayak
Advocate, Mumbai
34531 Answers
249 Consultations

Ans: For the Writ Petition to be heard ex-parte, you will have to prove that the copy of the petition was served upon the Respondent or his counsel. Once you prove that the service is effected and despite service the Respondent is not appearing in the court, then you may press before the court for ex-parte orders. 

Garima Anil Mehrotra
Advocate, Mumbai
514 Answers
1 Consultation

See such matter are.gudied by rules and Advocates act.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

- As per rule , after withdrawing the vakalatnama , Court may issue notice for last opportunity to appear and argue the matter .

- If, none will appear on that date , then Court is bound to pass Ex-Parte order ,  but the presence from your side is mandatory before the court on that date. 

- Many judgments are there like 

Arumugha Gounder And Ors. vs Tmt. Palaniammal And Ors. on 7 November, 2000

Mohammed Shahzad
Advocate, Delhi
15816 Answers
242 Consultations

1. Yes writ can be heard Ex-parte if other party is not willing to file reply  or counter in the case. 

2. You should pray In court that other party is delaying the proceeding purposely for Wasting the time of court. 

 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

You do not require any judgment on this. This is just common sense.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

If counsel of other party not appear then court may go ahead exparte. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Govinda Bhagoji Kamable And Ors. vs Sadu Bapu Kamable (D/H. Maruti ... on 2 August, 2004

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

The psu will have to engage another counsel and will seek time from the court for the same.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

If the psu does not appoint a lawyer within a reasonable time then the court shall hear and decide your case.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

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