# GOA ANTIBIOTICS & PHARMACEUTICALS LTD v. R.K. CHAWLA&'ANOTHER

- **Citation:** [2011] 7 S.C.R. 846
- **Court:** Supreme Court of India
- **Decided:** 2011-07-04
- **Case number:** Criminal Miscellaneous Petition No. 10490 of 2011
- **Bench:** Markandey Kat Ju, Gyan Sudha Misra
- **Source:** https://unisonlegal.in/judgment/supreme-court-of-india/goa-antibiotics-pharmaceuticals-ltd-v-r-k-chawla-another-27868
- **Pages:** 4

## Headnote

Advocates Act, 1961:
c
ss. 29, 33 - Right to practice in courts - Held: A person
enrolled as an Advocate only can practice in courts - Natural
person .can appear in person and argue his own case
personally but he cannot give a power of attorney to anyone
other than a person enrolled as an advocate to appear on his
0 behalf -s. 32, however, vests discretion in the court to permit
any person who is not enrolled as an advocate to appear
before the court and argue a particular case - In the instant
case, an application for permission was filed by the Deputy
Manager, power of attorney holder to argue the case
personally on behalf of the petitioner-company - Supreme
E Court refused to exercise discretion under s.32 and rejected
the said application - Petitioner-company granted four weeks
time to engage a lawyer to appear and argue on its behalf
s. 32 - Right to appear/argue on behalf of entity - Held:
F As regards the artificial persons like a company registered
under the Companies Act or a registered co-operative society
or a trust, neither the Director of the company nor member of
the Managing Committee or officer bearer of the registered
society or a trustee has a right to appear and argue on behalf
G of that entity, since that entity is distinct from its shareholders
or office bearers or Directors - However, court has discretion
uls. 32 to permit such person to appear on behalf of that
entity.
H
846
GOA ANTIBIOTICS & PHARMACEUTICALS LTD. v.
847
R.K. CHAWLA & ANR.
ss. 29 and 33 - Right of an enrolled lawyer to appear on
A
behalf of someone and discretion vested in the court to
permit a non-lawyer to appear before it - Distinction between.
Power of attorney: Right of power of attorney holder to
appear or argue - Held: Power of attorney holder cannot,
unless he is an enrolled lawyer, appear in court on behalf of B
anyone, unless permitted by the court uls. 32 of Advocates
Act, though of course he may sign sale deeds, agreements
etc. and do other acts on behalf of someone else, unless
prohibited by Jaw-"' Advocates Act, 1961 - ss.29, 32, 33. ·
c

## Text

(2011] 7 S.C.R. 846
A
GOA ANTIBIOTICS & PHARMACEUTICALS LTD.
v.
R.K. CHAWLA&'ANOTHER
(Criminal Miscellaneous Petition No. 10490 of 2011)
B
JULY 04, 2011
[MARKANDEY KAT JU AND GYAN SUDHA MISRA, JJ.]
Advocates Act, 1961:
c
ss. 29, 33 - Right to practice in courts - Held: A person
enrolled as an Advocate only can practice in courts - Natural
person .can appear in person and argue his own case
personally but he cannot give a power of attorney to anyone
other than a person enrolled as an advocate to appear on his
0 behalf -s. 32, however, vests discretion in the court to permit
any person who is not enrolled as an advocate to appear
before the court and argue a particular case - In the instant
case, an application for permission was filed by the Deputy
Manager, power of attorney holder to argue the case
personally on behalf of the petitioner-company - Supreme
E Court refused to exercise discretion under s.32 and rejected
the said application - Petitioner-company granted four weeks
time to engage a lawyer to appear and argue on its behalf
s. 32 - Right to appear/argue on behalf of entity - Held:
F As regards the artificial persons like a company registered
under the Companies Act or a registered co-operative society
or a trust, neither the Director of the company nor member of
the Managing Committee or officer bearer of the registered
society or a trustee has a right to appear and argue on behalf
G of that entity, since that entity is distinct from its shareholders
or office bearers or Directors - However, court has discretion
uls. 32 to permit such person to appear on behalf of that
entity.
H
846
GOA ANTIBIOTICS & PHARMACEUTICALS LTD. v.
847
R.K. CHAWLA & ANR.
ss. 29 and 33 - Right of an enrolled lawyer to appear on
A
behalf of someone and discretion vested in the court to
permit a non-lawyer to appear before it - Distinction between.
Power of attorney: Right of power of attorney holder to
appear or argue - Held: Power of attorney holder cannot,
unless he is an enrolled lawyer, appear in court on behalf of B
anyone, unless permitted by the court uls. 32 of Advocates
Act, though of course he may sign sale deeds, agreements
etc. and do other acts on behalf of someone else, unless
prohibited by Jaw-"' Advocates Act, 1961 - ss.29, 32, 33. ·
c
CRIMINAL APPELLATE JURISDICTION : Crl. M.P. No.
10490 of 2011.
·
. From the ~udgment & Order, dated 21.4.2009 of the High
Court Of Bombay & Goa at Panaji in Criminal Revision
0
Application No. 60 of 200B. · > ·
~ I .
WITH
Crl. M.P. No. 10490 of 2011.
Petitioner-I n-Persoh.
The following Order of the Court was delivered
ORDER
Mr:Vishnu Kerikar, Deputy Manager, Finance & MS claims
to be the power of attorney holder of the petitioner~Goa .
Antibiotics &Pharmaceuticals Limited in this case. He wishes
to argue the case. personally on behalf of the petitioner.
'
'
'
Section· 33 of the Advocates Act, 1961 (hereinafter
···referred lo as the 'Act') states as· follows:
.;;,
.
.
'
'
· "33. Advocates. alohe entitled to practise - Except as
· · othetwise provided In this Act or in any other law for the
E
F
· time being in force,. no person shall, on or after the
H
848
SUPREME COURT REPORTS
[2011] 7 S.C.R.
A
appointed day, be entitled to practise in any court or before
any authority or person unless he is enrolled as an advocate
under this Act."
A perusal of the above provision shows that only a person
B who is enrolled as an advocate can practice in a court, except
where otherwise provided by law. This is also evident from
Section 29 of the Act.
A natural person can, of course, appear in person and o
argue his own case personally but he cannot give a power of
C attorney to anyone other than a person who is enrolled as an
advocate to appear on his behalf. To hold otherwise would be
to defeat the provisions of the Advocates Act.
Section 32 of the Act, however, vests discretion in the
court, authority or person to permit any person who is not
D enrolled as an advocate to appear before the court and argue ·
a particular case. Section 32 of the Act is not the right of a
person (other than an enrolled advocate) to appear and argue
before the court but it is the discretion conferred by the Act on
the court to permit any one to appear in a particular case even
E though he is not enrolled as an advocate.
In this case, an application for permission has been filed
by Mr. Vishnu Kerikar who wishes to appear and argue on
behalf of the petitioner-Goa Antibiotics & Pharmaceuticals Ltd.
F which is a company registered under the Indian Companies Act.
We are not fnclined to exercise our discretion under Section
32 of the Act and hence we reject the said application.
However, we grant the petitioner four weeks' time to
G engage a lawyer to appear and argue on behalf of the petitionercompany.
We make it clear that as regards artificial persons like a
company registered under the Indian Companies Act, or a o
registered co-operative society, or a trust, neither the Director
H of the Company nor member of the Managing Committee or
GOA ANTIBIOTICS & PHARMACEUTICALS LTD. v.
849
R.K. CHAWLA & ANR.
office bearer of the registered society or a trustee has a right
A
. to appear and argue on behalf of that entity, since that entity is
distinct from its shareholders or office bearers or directors.
However, it is the discretion of the court under Section 32 of
the Act to permit such person to appear on behalf of that entity.
There is a distinction between the right to appear on behalf B
of someone, which is only given to enrolled lawyers, and the
discretion in the Court to permit a non-lawyer to appear before
it. Under Sections 29 and 33 of the Act only those persons have
a right to appear and argue before the court who are enrolled
as an advocate while under Section 32 of the Act, a power is
C
vested in the court to permit, in a particular case, a person other
than an advocate to. appear before it and argue the case. A
power of attorney holder cannot, unless he is an enrolled lawyer,
appear in Court on behalf of anyone, unless permitted by the
Court. under Section 32 of the Act, though of course he may
D
sign sale deeds, agreements etc. and do other acts ori behalf
·cif someone else, unless prohibited by law.
Accordingly, the matter is adjourned by four weeks to
enable the petitioner to engage a lawyer to appear and argue
E
. on its behalf.
D.G.
. Matter adjourned.