Section 23   [ View Judgements ]

Advocate for the Official Liquidator not to act, appear or plead for any other party in matters arising in winding up of Company


No Advocate who is appointed to assist the Official Liquidator of a Company in theperformance of his duties under section 181 of the Indian Companies Act, 1913, or section 459 of the Companies Act, 1956, shall except with the leave of the Court, act, appear or plead for any creditor or debtor or contributory of such company or for any third party in any matter or proceeding, whether civil or criminal arising out of or in the course of the winding up of such Company.



(2).23A. Strike resorted to in Court or abstention of work from Court by way of protest by an Advocate or group of Advocates or any Bar Association shall be deemed as an act which tends to interfere with the administration of justice.



(2).23B. any Advocate resorting to strike as per Rule 23A, will be dealt with in accordance with law.



(2).23C. In exception cases where dignity, integrity and independence of the bar and/or judiciary are at strike, the President of the Bar Association of the High Court in consultation with the Chief Justice and in case of Subordinate Court the President of the concerned Bar Association, in consultation with the Principal Judge of the concerned District, may express protest by abstention from work which shall not be for more then one (1) day.



Provided further that the Chief Justice in case of the High Court and the Principle Judge of the concerned District in case of the Subordinate Courts will determine the issues after obtaining the view of the Chairman, Bar Council of Maharashtra and Goa, if necessary, as regards involvement of dignity, integrity or independence of the Bar and/or the Judiciary and the degree and adequacy of degree thereof to call for abstention from work, and the decision of the Chief Justice in the case of High Court and the Principal Judge of the concerned District in the case of subordinate Courts shall be final.



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