In view of above I therefore, answer the questions formulated by the Court at the commencement of hearing of this proceedings as under :--
(a) An Advocate is not entitled to act in a professional capacity as well as constituted attorney of a party in the same matter or cause. An Advocate cannot combine the two roles. If a firm of Advocates is appointed as Advocates by a Suitor, none of partners of the Advocates' firm can act as recognised agent in pursuance of a power of attorney concerning the same cause.
(b) The existing practice followed by the firm of advocates/solicitors/attorneys particularly in case of non-resident clients combining the two roles is opposed to law and is required to be discontinued forthwith.
(c) The Prothonotary and Senior Master, High Court shall not accept any vakalatnama in favour of a firm of advocates where one or the other partner of the same firm also holds a power of attorney from the plaintiff or the defendant or any other suitor before the Court in the same cause.
Equivalent Citation : AIR 1993 Bom 217
IN THE HIGH COURT OF BOMBAY
Arbitration Petition No. 210 of 1989 in Award No. 66 of 1989
Decided On: 18.12.1992
Oil and Natural Gas Commission Vs. Offshore Enterprises Inc.
Hon'ble Judges/Coram:
D.R. Dhanuka, J.
D.R. Dhanuka, J.
