High Court (India)

February 26, 2019

No Objection from existing counsel required to engage a new counsel: Karnataka HC


Division Bench of Karnataka High Court held that ‘No Objection Certificate’ has to be obtained from existing Advocate who still holds vakalath, no new counsel can enter appearance on record.

It further stated that the submission of reliance made on the previous Judgement of the same Court passed in KPTCL v. M. Rajashekar & Ors where it was held that No Objection is not necessary to file vakalath, is misconceived and that the counsel had misread the aforesaid Judgement. It clarified 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’. But, when the earlier Counsel still holds a valid vakalath, the question of a new Advocate entering the case cannot be accepted.

(Bhagya&orsvs Jayalakshmi & ors, RFA 831/2013, decided on 13 February 2019, Justice Ravi Malimath and Justice B.M. Shyam Prasad)

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