Appearance of Legal Practitioner before Appellate Tribunal for Petroleum and Natural Gas
The content details the rules governing the appearance and engagement of legal practitioners before the Appellate Tribunal. Legal practitioners must file a properly executed Vakalatnama to represent a party. If a practitioner wishes to nominate another to argue a case, it requires an oral request. Consent from the already engaged legal practitioner is necessary for filing a Vakalatnama in ongoing cases. Additionally, restrictions exist on representing parties when there is a conflict of interest. Vakalatnama execution must be done in a specific form, with attestation requirements. Lastly, parties must seek permission to be heard personally, and advocates must adhere to professional dress codes.
63. Appearance of legal practitioner—Subject to as hereinafter provided, no legal practitioner shall be entitled to appear and act, in any proceeding before the Appellate Tribunal unless he files into Appellate Tribunal a vakalatnama in the specified form duly executed by or on behalf of the party for whom he appears.
64. Nomination or engagement of another legal practitioner—Where a legal practitioner who has filed the Vakalatnama engages or nominates another legal practitioner to appear and argue his client’s case but not to act for the client, the Appellate Tribunal may permit such other legal practitioner to appear and argue on an oral request being made before commencement of the proceedings.
65. Consent for engaging another legal practitioner—A legal practitioner proposing to file a Vakalatnama in any pending case or proceeding before the Appellate Tribunal in which there is already a legal practitioner on record, shall do so only with the written consent of the legal practitioner on record or when such consent is refused, with the permission of the Appellate Tribunal after revocation of Vakalatnama on an application filed in this behalf, which shall receive consideration only after service of such application on the counsel already on record.
66. Restrictions on appearance—A legal practitioner who has tendered advice in connection with the institution of any case or other proceeding before the Appellate Tribunal or has drawn pleadings in connection with any such matter or has during the progress of any such matter acted for a party, shall not, appear in such case or proceeding or other matter arising therefrom or in any matter connected therewith for any person whose interest is opposed to that of his former client, except with the prior permission of the Appellate Tribunal.
67. Form and execution of Vakalatnama—(1) Every Vakalatnama authorising a legal practitioner to plead and act shall be in Form VI and the name of the legal practitioner so appointed shall be specified in the Vakalatnama before it is executed and it shall be dated at the time of its execution and acceptance and its execution shall be attested by an advocate or notary or a gazetted officer serving in connection with the affairs of the Union or of any State in India or a legal practitioner other than the legal practitioner accepting the Vakalatnama.
(2) (a) The authority attesting the Vakalatnama under sub-rule (1), shall certify that it has been duly executed in his presence and subscribe his signature giving his name and designation.
(b) Attestation shall be made only after the name of the legal practitioner is specified in the Vakalatnama before its execution.
(c) When a Vakalatnama is executed by a party who appears to be illiterate, blind or not acquainted with the language of the Vakalatnama, the attestor shall certify that the Vakalatnama was read, translated and explained in his presence to the executant, in the language known to such executant, that he seemed to understand it and that he signed or affixed his thumb mark in his presence with full knowledge and understanding.
(3) Every Vakalatnama shall contain an endorsement of acceptance by the legal practitioner in whose favour it is executed and shall also bear his address for service and if the Vakalatnama is in favour of more than one legal practitioner, it shall be signed and accepted by all of them, giving the address for service of any one of them.
68. Restriction on party’s right to be heard—The party who has engaged a legal practitioner to appear for him before the Appellate Tribunal shall not be entitled to be heard in person unless permitted by the Appellate Tribunal.
69. Professional dress for the advocate—While appearing before the Appellate Tribunal, the advocate shall wear the same professional dress as specified for appearance before the Court or wear a coat with a tie or a close coat.
