The Privilege Committee of the Bar Council of Punjab & Haryana has summoned the chairpersons of HDFC, ICICI and Axis Banks following allegations that they instructed their panel lawyers to pay court fees from their own pockets when filing cases before the Debt Recovery Tribunal (DRT) in Chandigarh.In an order dated April 9 addressed to chairpersons of all three banks, the Privilege Committee consisting of Chairman Lekh Raj Sharma and Members Raja Gautama and Karanjit Singh said,"Prima facie it appears that this kind of the practice if it is prevalent is certainly in violation of the provision of the Advocate Act 1961, particularly Section 30, against Privileges Rights and Duties of the Advocate and also against the interest of the common advocates, particularly young advocates."The practice is unethical and risks consolidating the professional/legal work into the hands of a select few affluent advocates, thereby diminishing opportunities for other capable advocates, it added.The order came following a complaint lodged with the Bar Council by the DRT Bar Association urging action against the banks to stop their unethical practice.The DRT Bar Association contended that the court fees were exorbitant, amounting to lakhs, making it unaffordable for ordinary lawyers.They further asserted that banks or their officers weren't authorized to demand their empaneled advocates to pay court fees from their own funds when filing cases before DRT.The DRT Bar Association also contended that this practice was not only unethical but also in violation of the Privileges, Rights and Duties of Advocates outlined in the Advocates Act, 1961.Non-cooperation or non-compliance with the order will lead to the inference that unethical practices were occurring and will be considered an admission on your (banks) part, the Committee stated."As such further action will be taken in your absence, in accordance with law. Let notice be served upon the noticees through electronic modes as well as through registered post," it was directed.
TAGS: Bar Council summons HDFC ICICI Axis Bank chairpersons alleged unethical practices
