• Can a Director be the Counsel of Petitioner of his own company

Dear Sir
My name is Siddhartha Dikshit, I have completed LLB last 2 year ago. and I am one of the director of a Private Limited company which provided website development service. Recently one of my clients not paying the due invoice so I decided to file a case at Calcutta High Court under section 468.
Now my doubts is Can a Director be the Counsel of Petitioner of my Own Company? Please guide me on this?

Thanks
Siddhartha Dikshit
Asked 11 years ago in Business Law

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3 Answers

Firstly, how can the case under section 468 be filed directly in the High Court? which lays down the standards of etiquette and professional ethics for a lawyer

Under rule 9 of section 1 to Part A which lays down the standards of etiquette and professional ethics for a lawyer, framed by Bar Council of India, a lawyer shall not hold brief for a company in which he is a director.

Ashish Davessar
Advocate, Jaipur
30776 Answers
972 Consultations

Firstly, how can the case under section 468 be filed directly in the High Court?

Under rule 9 of section 1 to Part A which lays down the standards of etiquette and professional ethics for a lawyer, framed by Bar Council of India, a lawyer shall not hold brief for a company in which he is a director.

Ashish Davessar
Advocate, Jaipur
30776 Answers
972 Consultations

9. Not represent establishments of which he is a member

An advocate should not appear in or before any judicial authority, for or against any establishment if he is a member of the management of the establishment. This rule does not apply to a member appearing as “amicus curiae” or without a fee on behalf of the Bar Council, Incorporated Law Society or a Bar Association..

in the present case since you are a director of company you cannot appear as its counsel .

Ajay Sethi
Advocate, Mumbai
96937 Answers
7822 Consultations

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