TMI Blog2001 (3) TMI 1017X X X X Extracts X X X X X X X X Extracts X X X X ..... e plaintiffs they are engaged in the business of film production and have copy right in the films produced by them. Besides they claim to have copy right or licensee rights in films produced by others as such rights have been assigned to them. The defendant is a cable TV operator working in India. The allegation in the plaint is that the defendant without seeking permission of the plaintiffs is exhibiting or showing the films in which the copy right or the right to commercial exploitation belongs to the plaintiffs. Along with the suit the plaintiffs filed application for ad interim injunction and we are given to understand that an injunction granted in favor of the plaintiffs was continuing to operate when the impugned order was passed. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssed. 3. The learned Single Judge held by the impugned order that the plaintiffs are represented by a firm of lawyers known as Lall and Sethi. All the partners of the firm will, therefore, be deemed to be advocates in the case. Ms. oberoi working in the said firm would be deemed to be an advocate of the plaintiffs. she having been also appointed as an constituted attorney by each of the plaintiffs, it follows that she as well as other advocates of Lall and Sethi including Mr. Chander M.Lall are working in a dual capacity, i.e., as a client as well as a lawyer. The learned Single Judge observed that if a firm of advocates is appointed as advocate by a suitor, none of the partners of the advocates' firm can act as recognised agent in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... asis on which the impugned order was passed is not correct. He did not dispute the legal proposition that a person cannot act in dual capacity, i.e., a constituted attorney as well as an advocate. According to the learned counsel, this is not the position in the present case. IN the first instance it was submitted that Mr. chander M.Lall is functioning as an advocate under the name and style of M/s. Lall and Sethi as well. mr. Lall is the sole proprietor of the said firm M/s. Lall the Sethi. In this connection the appellants placed on record a certificate from the Standard Chartered Grindlays Bank to the effect that an account in the name of Lall and Sethi was being maintained by Mr. Chander M. Lall as proprietor of Lall and Sethi since Apr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ll as an advocate for the plaintiff in the suit. Mr. Chander M.Lall is handling the suit in his professional capacity as an advocate. 6. The learned counsel for the respondent/defendant drew our attention in this behalf to one of the documents by way of power of attorney executed by plaintiff No.1 in favor of Ms. Dahlia Sen oberio. In the said document it is stated ....HEREBY nominate and appoint Ms.Dahlia Sen Oberoi, advocate working for gain at Lall Sethi address A-66, NDSE-II, New Delhi - 110049... From this statement in the recitals it was argued that Ms. Oberoi is part of Lall Sethi and, therefore, the argument of dual capacity of a lawyer is made out. We are unable to accept this argument advanced on behalf of respondent. In ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t of time. 8. The learned counsel for the respondent relied on Oil and Natural Gas Commission V. Offshore Enterprises Inc., 1993 Bombay 217. On law there is no quarrel with the legal proposition enumerated in the said judgment. This was a case in which a lawyers' firm which was a partnership had accepted both the roles, i.e., of a constituted attorney as well as an advocate. In a partnership, apart from the relevant rules of the Bar Council of India or the Bombay High Court, to the effect that each partner of a law firm will be treated as an advocate in the case, the Partnership Act itself creates such a hurdle. In a partnership each partner is an agent of the other and, therefore, even in the absence of relevant rules of the Bar Co ..... X X X X Extracts X X X X X X X X Extracts X X X X
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