2009 (8) TMI 863 - AT - Central Excise

Summary

Issues involved:
Withdrawal of vakalatnama without appropriate notice to client and non-prosecution of appeal due to lack of necessary instructions to advocate.

Analysis:
The judgment pertains to an appeal where the appellant did not appear, and the advocate sought permission to withdraw the vakalatnama due to the appellant's lack of communication and cooperation. The advocate submitted that despite efforts to contact the appellant and prepare the appeal, there was no response. However, the submission did not mention serving appropriate notice to the client regarding the withdrawal of vakalatnama. The tribunal noted that withdrawal of vakalatnama requires obtaining necessary leave after serving proper notice to the client. Since the submission did not confirm serving such notice, the request for discharge was denied. Furthermore, the tribunal observed that the lack of contact from the appellant to the advocate indicated a lack of necessary instructions to contest the proceedings. Consequently, the appeal was disposed of as non-prosecuted based on the grounds of non-communication and absence of necessary instructions to the advocate.

This judgment highlights the importance of maintaining communication between the client and advocate in legal proceedings. It emphasizes that withdrawal of vakalatnama necessitates proper notice to the client and cannot be granted as a matter of right. Additionally, the decision underscores that non-prosecution of an appeal can occur if there is a lack of necessary instructions from the client to the advocate. The tribunal's ruling serves as a reminder of the responsibilities of both parties in legal matters and the consequences of non-communication or non-cooperation in the appellate process.