# VIJAY DHANJI CHAUDHARY v. SUHAS JAYANT NATAWADKAR

- **Citation:** [2009] 16 S.C.R. 518
- **Court:** Supreme Court of India
- **Decided:** 2009-10-30
- **Case number:** I.A No. 2 of 2009
- **Bench:** R.V. Raveendran, G.S. Singhvi
- **Source:** https://unisonlegal.in/judgment/supreme-court-of-india/vijay-dhanji-chaudhary-v-suhas-jayant-natawadkar-25339
- **Pages:** 4

## Headnote

..
c
Supreme Court Rules, 1966:
Or. 4, ff. 1,5 and 6 - Advocates-on-record - Role and
responsibility of;· in the matters filed under their signatures -
HELD: Many special leave petitions are being filed with
D Advocates-on-Record being mere name-lenders, without
having, or taking any responsibility for the case - As a result
of prevalence of such a practice, in such cases, Advocateson-record do not appear when matters are listed either before
,.
the Registrar or before the Chamber Judge or the Court, nor
E do they take any interest or responsibility for processing or
conducting the case - They also play no role in preparation
of the special leave petitions, nor ensure that requirements
of Rules are fulfilled and defects are cured - In order to
enforce discipline in the working of Advocates-on-record and
, -
F to avoid the misuse of the system, and to ensure that Court
has benefit of effective assistance of Advocates-on-record, a
solution has to be found - Notice directed to issue Advocateson-record Association and Supreme Court Bar Association
to assist the Court to find appropriate solutions and provide
G
necessary checks and balances.

## Text

[2009] 16 (ADDL.) S.C.R. 518
_.
A
VIJAY DHANJI CHAUDHARY
v.
SUHAS JAYANT NATAWADKAR
I.A. No.2 of 2009
in
B
Special Leave Petition (C) NO. 1848112009
OCTOBER 30, 2009
[R.V. RAVEENDRAN AND G.S. SINGHVI, JJ.]
..
c
Supreme Court Rules, 1966:
Or. 4, ff. 1,5 and 6 - Advocates-on-record - Role and
responsibility of;· in the matters filed under their signatures -
HELD: Many special leave petitions are being filed with
D Advocates-on-Record being mere name-lenders, without
having, or taking any responsibility for the case - As a result
of prevalence of such a practice, in such cases, Advocateson-record do not appear when matters are listed either before
,.
the Registrar or before the Chamber Judge or the Court, nor
E do they take any interest or responsibility for processing or
conducting the case - They also play no role in preparation
of the special leave petitions, nor ensure that requirements
of Rules are fulfilled and defects are cured - In order to
enforce discipline in the working of Advocates-on-record and
, -
F to avoid the misuse of the system, and to ensure that Court
has benefit of effective assistance of Advocates-on-record, a
solution has to be found - Notice directed to issue Advocateson-record Association and Supreme Court Bar Association
to assist the Court to find appropriate solutions and provide
G
necessary checks and balances.
CIVIL APPELLATE JURISDICTION
I.A No. 2 of 2009.
x
IN
SLP (Civil) No. 18481 of 2009.
H
518
VIJAY DHANJI CHAUDHARY v. SUHAS JAYANT
519
NATAWADKAR
From the Judgment & Order dated 13.1.2009 of the High
A
Court of Judicature of Bombay, Bench at Aurangabad in
Contempts Petition No. 212 of 2007 in Writ Petition No. 4842
of 2005.
Vikas Mahajan, Dharam Bir Raj Vohra for the Petitioner.
B
J
The following Order of the Court was delivered
1. I.A. No. 2 of 2009 in an application for restoration of the
special leave, petition dismissed for non-prosecution on
20.07.2009. This application discloses a disturbing trend in c
regard to the functioning of Advocates-on-record.
2. The special leave petition is stated to have been
drafted by Mr. Vikas Mahajan, Advocate and filed by Mr. D.B.
"
Vohra, Advocate-on-Record. The application for restoration is
D
•
filed by Mr. D.B. Vohra, alleging that the case was listed for
hearing on 20.07.2009 that he (Mr. D.B. Vohra, Advocate-onRecord for the petitioner) was aware of the listing of the petition,
that he informed the clerk of Mr. Vikas Mahajan about the listing
that Mr. Vikas Mahajan, Advocate by mistake did not enter this
E
case in his diary and therefore, Mr. Vikas Mahajan did not
appear. There is no affidavit of Mr. Vikas Mahajan in support
'
of the application.
~
3. What is puzzling is the role or rather the absence of the
role of the Advocate-on-Record in this matter. Para 4 of the
F
application shows that the Advocate-on-Record had nothing to
do with the special leave petition except to lend his name for
filing the petition. He did not take instructions from the clienV
petitioner. He did not prepare the special leave petition. He did
not instruct any counsel. He was not required to or expected to
G
3.
attend the hearing of the case.
4. The Supreme Court Rules, 1966 provide that though
any advocate enrolled under the Advocates Act, 1961, is
entitled to appear and plead before the Court, no advocate other
H
than the Advocate-on-Record shall be entitled to file an
520 SUPREME COURT REPORTS [2009] 16 (ADDL.) S.C.R.
A appearance or act for a party in the Court [vide Rule 1, Rule
4
6(b) and Order IV]. Rule 5 provides that no advocate shall be
qualified to be registered as advocate-on-record unless he has
undergone training for one year with an Advocate-on-Record
approved by the court and thereafter has passed the tests held
B by the court. Rule 6(a) provides that an Advocate-on-Record
shall, on his filing memorandum of appearance on behalf of a
party, accompanied by Vakalatnama duly executed by the party,
be entitled to act as well as to plead for the party in the matter
'
and to conduct and prosecute before the court all proceedings
c that may be taken in respect of the said matter or any
application connected with the same or any decree or order
passed therein including proceedings in taxation and
applications for review. Sub-clause (c) of Rule 6 requires all
Advocates-on-Record to keep such books of account as may
D be necessary to show in connection with his practice as an
advocate-on-record, moneys received from or on account of
'
I
and the money paid to or on account of each of his client.
5. Unfortunately, many special leave petitions are being
filed with Advocates-on-Record being mere name-lenders,
E without having, or taking, any responsibility for the case. As a
result of prevalence of such a practice, in such cases, the
Advocates-on-record do not appear when the matters are listed
either before the Registrars or before the Chamber Judge or
the Court nor do they take any interest or responsibility for
,
F processing or conducting the case. They also play no role in
preparation of the special leave petitions, nor ensure that the
requirements of the Rules are fulfilled and defects are cured. If
the role of an advocate-on-record is merely to lend his name
for filing cases without being responsible for the conduct of the
G case, the very purpose of having the system of Advocates-on
Record would get defeated.
\.
6. The question that arises for consideration is whether an
Advocate-on-Record can file appearances as mere nameH
lender for facilitating filing of petitions by others, without
VIJAY DHANJI CHAUDHARY v. SUHAS JAYANT
521
NATAWADKAR
performing any of the functions associated with an AdvocateA
on-Record.
7. In order to enforce discipline in the working of
advocates-on-record and to avoid the misuse of the system,
and to ensure that the court has the benefit of effective
B
assistance of the Advocates-on-record, a solution has to be
found.
8. We, therefore, direct issue of notice to the Advocateson-record Association and the Supreme Court Bar Association
to assist us to find appropriate solutions and provides
C
necessary checks and balances. The Registry is directed to
furnish copies of this order to the said Associations.
9. List the matter on 30.11.2009.
D
R.P.
Matter Adjourned.