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August 2009

Authorised representative : Counsel appearing without Vakalatnama : Directed to file memo of appearance and client with NOC if any : CESTAT Rules, 1982.

By Dr. K. Shivaram, Ajay R. Singh, Advocates
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  1. Authorised representative : Counsel appearing without
    Vakalatnama : Directed to file memo of appearance and client with NOC if any :
    CESTAT Rules, 1982.

[Pneumatic Power Tools & Co. v. Commissioner of C.Ex,
Raipur,
(2009) (238) ELT 605 (Trib. Del)]

In a case before the CESTAT New Delhi the Tribunal found
that the counsel had not filed the Vakalatnama. The Tribunal directed him to
file a memo of appearance in support of his appearance and also Vakalatnama
duly executed by his client with no objection from the previous counsel who
appeared on the previous occasions. The Court noticed that Counsel Shri N. K.
Choudhary appeared on 28-1-2008. Counsel Shri Hargun Jaggi appeared on
2-4-2008, Counsel Shri Hargun Jaggi and Shri C. N. Kali appeared on 11-4-2008.
Counsel Shri A. K. Panikar appeared on 19-5-2008. Counsel Shri A. K. Panigrahi
appeared on 7-8-2008. Similarly on 15-9-2008 Counsel Shri A. K. Panigrahi also
appeared. Counsel Shri Raja Chaterjee appeared on 17-3-2009. The Tribunal
directed the counsel to explain by way of a memo whether all the previous
learned counsels who had appeared in the matter were signatory to the
Vakalatnama and also whether he was signatory to the Vakalatnama. The Registry
was directed to place a report to the Bench getting compliance by way of memo
from the ld. counsel Shri Choudhary appearing in the matter.

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