2009 (12) TMI 736 - AT - Indian Laws

Summary

Issues:
- Proper scrutiny of vakalatnama by the Registry of CESTAT
- Compliance with guidelines issued by the Apex Court regarding vakalatnama
- Ensuring proper representation of litigants by advocates
- Judicial discipline and prevention of future grievances

Analysis:
The appellant raised concerns regarding the scrutiny of vakalatnama by the Registry of CESTAT. He emphasized the importance of following the guidelines set by the Apex Court to prevent any judicial indiscipline in the future. The appellant argued that a careful examination of the vakalatnama is crucial to avoid any defects in representation by litigants, as the document establishes a binding relationship between the litigant and the advocate. He stressed that proper scrutiny by the Registry would prevent litigants from suffering due to the failure of advocates to file a correct vakalatnama, thus ensuring justice for all parties involved.

The appellant requested that the Registry adhere to the guidelines issued by the Apex Court and suggested that a proper procedure be established for the scrutiny of vakalatnama. He also proposed that any defects found during scrutiny should be promptly communicated to the parties for rectification before the next hearing date. The appellant believed that by following these procedures diligently, litigants would not face any inconvenience, and the purpose of the application would be fulfilled, thereby ending any cause of action.

After hearing both sides and examining the records, the Assistant Registrar's explanation was found satisfactory. The Tribunal directed the Registry to strictly adhere to the guidelines set by the Apex Court regarding vakalatnama, as well as the decision of the Hon'ble High Court of Delhi in a related case. The Tribunal issued specific directions to ensure proper scrutiny of vakalatnama, including providing guidance to relevant branches and zones, and immediate notification of any defects to the parties for rectification. The Tribunal emphasized the importance of maintaining judicial discipline and preventing future grievances by following these directives diligently. Consequently, the appeal was disposed of as no further cause of action existed, and the appellant expressed satisfaction with the outcome.