Saturday 28 August 2021

Whether the newly engaged Advocate of the party can argue on the points not argued or given up by the previous Advocate of the party or rejected by the court?

 A litigant has a right to be heard by a court. He has a right to

engage a lawyer, who will be heard on that party’s behalf. But no party has the right to keep changing lawyers and then having the new lawyers attempt to argue points not raised, given up or rejected. Certainly no lawyer is entitled to say to a court, “I am entitled to urge anything and everything, even points my client’s previous lawyer did not argue, or may have given up or which you negatived. I am entitled to do all this because I am now newly engaged and therefore it matters not a whit what my client’s previous lawyer, no matter how illustrious

or brilliant, said or did.” There is no such right. {Para 31}

REPORTABLE

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION

IN ITS COMMERCIAL DIVISION

REVIEW PETITION (L) NO. 5868 OF 2021

IN

COMM ARBITRATION PETITION NO. 434 OF 2021

Priyanka Communications (India) Pvt Ltd Vs Tata Capital Financial Services Ltd.

CORAM : G.S.Patel, J.

DATED : 4th August 2021.

Read full Judgment here: Click here

Print Page

No comments:

Post a Comment