POWER OF ATTORNEY FOR THE CONDUCT OF LEGAL PROCEEDINGS

This deed is not a vakalatnama. A vakalatnama is the separate written appointment of an advocate under Order III Rule 4 of the Code of Civil Procedure, 1908, which is signed and filed in the court's own record. This deed authorises a named person to instruct advocates and to act for the Principal; the advocate's vakalatnama must still be signed and filed in each case.

Executed at __________ on __________.

I, __________, __________, aged about __________ years, resident of __________, holding __________ (the "Principal", and "I", "me" and "my"),

DO HEREBY NOMINATE, CONSTITUTE AND APPOINT __________, __________, aged about __________ years, resident of __________, holding __________, who is __________ (the "Attorney"),

to be my true and lawful attorney, to do the acts set out below in my name and on my behalf, on the following terms.

1. Why this authority is given

I am unable to attend personally to the conduct of the legal proceedings described below, and I wish a person I trust to instruct advocates and to take the steps that the conduct of those proceedings requires. This deed is executed of my own free will, with a full understanding of what it permits the Attorney to do in my name.

2. What this deed is, and what it is not

This deed appoints the Attorney as my recognised agent for the purposes of Order III Rules 1 and 2 of the Code of Civil Procedure, 1908, and as a person duly authorised by me for the purposes of Order VI Rules 14 and 15 of that Code.

It does not appoint an advocate. Where an advocate is to be engaged, a vakalatnama in the advocate's favour must be signed — by me, or by the Attorney under the power at clause 6(a) — and filed in the case.

It does not make the Attorney a lawyer. The Attorney has no right to plead or argue on my behalf.

3. Proceedings covered

This deed covers: __________.

4. Subject matter

The proceedings to which this deed relates concern the following:

__________

5. Extent of the authority

The authority given by this deed extends to: __________.

6. Powers

Within the limits set by clauses 3, 4, 5, 7, 8, 9, 10 and 11, the Attorney may:

(a) engage, instruct and, if necessary, discharge advocates, senior advocates, pleaders and counsel; sign and deliver a vakalatnama, memorandum of appearance or letter of authority in my name; agree and pay their professional fees and expenses; and receive their advice on my behalf;

(b) institute, file, present, prosecute, defend, answer and oppose suits, appeals, revisions, reviews, restoration and condonation applications, caveats, writ petitions, execution petitions, complaints, claims, objections and counter-claims before any court, tribunal, commission, forum, authority or arbitral tribunal in India having jurisdiction;

(c) sign, verify, affirm, swear and present plaints, written statements, applications, petitions, affidavits, replies, rejoinders, lists and affidavits of documents, memoranda of appeal, revision and review, counter-affidavits, and any other pleading or process, as a person duly authorised by me;

(d) appear before any such court, tribunal or forum as my recognised agent, and apply for exemption from my personal appearance;

(e) file, produce, inspect, admit or deny, obtain certified copies of, and take back from the record any document or exhibit;

(f) deposit, withdraw and apply for the refund of court fees, security, costs and monies lying in deposit, subject always to clause 8;

(g) engage and instruct process servers, court clerks, translators, valuers, surveyors and expert witnesses, and pay their reasonable charges;

(h) accept service of summons, notices and processes addressed to me in the proceedings;

(i) apply for, accept, resist and comply with interim orders, injunctions, attachment, and the appointment of a receiver or commissioner, and furnish security, bonds and undertakings where the court so directs;

(j) swear and file affidavits as to facts within the Attorney's own knowledge, and give evidence as my witness only to the extent that clause 9 and the law permit;

(k) obtain certified copies of judgments, decrees and orders, and take steps to execute a decree in my favour or to resist execution against me; and

(l) do every other act that is necessarily incidental to the above.

7. Compromise, settlement and withdrawal

__________.

This clause is the whole of the Attorney's authority on this subject. No power in clause 6 is to be read as including a power to compromise, settle, withdraw or abandon any proceeding, or to refer any dispute to arbitration, mediation, conciliation or Lok Adalat.

Nothing in this clause authorises the Attorney to execute any conveyance, or to agree to any compromise comprising immovable property other than the property that is the subject matter of the proceedings; a compromise of that kind must be signed by me, and separately stamped and registered.

The Attorney's authority to receive or pay any money under any compromise or settlement is governed exclusively by clause 8, and nothing in this clause enlarges it.

8. Money

__________.

Whatever this clause permits, any money that comes into the Attorney's hands under or in connection with the proceedings is my money and is held by the Attorney on trust for me. It must be paid over to me within seven (7) days of receipt.

The Attorney has no lien over that money and no authority to set it off against fees, expenses or any claim against me. Counsel's fees and other expenses under clause 6(a) are to be met out of funds I provide, or recovered from me under clause 15; they are not to be deducted from money received under this clause. The Attorney must keep a written account of every sum received and paid.

9. What the Attorney may not do

No dealing with immovable property. Except to the extent that clause 7 expressly permits the Attorney to compromise or settle the proceedings themselves, the Attorney is not authorised to sell, transfer, gift, exchange, mortgage, charge, lease, release, surrender, agree to sell, or in any manner deal with or create any interest in any immovable property of mine. A power of attorney is not a mode of transfer and conveys no title: Suraj Lamp & Industries (P) Ltd v. State of Haryana (2012) 1 SCC 656.

No deposition in my place. The Attorney may depose only to facts within the Attorney's own knowledge. An attorney cannot give evidence in place of the principal about facts of which only the principal has personal knowledge: Janki Vashdeo Bhojwani v. Indusind Bank Ltd (2005) 2 SCC 217. Where my own evidence is needed, I must give it.

No right of audience. The Attorney is not an advocate and has no right to plead or argue for me. A court may permit a person who is not an advocate to appear in a particular case under section 32 of the Advocates Act, 1961, but that is a matter for the court's discretion: T. C. Mathai v. District & Sessions Judge, Thiruvananthapuram (1999) 3 SCC 614.

No appearance as an accused. This deed does not authorise the Attorney to appear, plead or answer for me as an accused person in any criminal proceeding, or to do anything that the law or an order of the court requires me to do in person.

No presentation for registration. Whatever the manner of its execution, this deed does not authorise the Attorney to present any document for registration before a Sub-Registrar under section 32(c) of the Registration Act, 1908, and is not to be relied on as a power for that purpose.

Other institutions keep their own forms. A bank, insurer, registry, company or government office may insist on its own mandate or prescribed form. This deed supports those formalities; it does not replace them.

10. Delegation

__________.

11. Duration

This power of attorney continues: __________.

12. Revocation

I may revoke this power of attorney at any time by notice in writing. A revocation binds the Attorney when it comes to the Attorney's knowledge, and binds a third party when it comes to that third party's knowledge (sections 207 and 208 of the Indian Contract Act, 1872). On revoking it I will, so far as applicable:

(a) give written notice of revocation to the Attorney;

(b) file intimation of the revocation in every pending proceeding and inform each advocate on record;

(c) publish notice of the revocation in a newspaper circulating where the Attorney resides or has acted, if the Attorney has used this deed with third parties; and

(d) intimate the Sub-Registrar concerned in writing, if this deed has been registered.

On revocation, expiry or completion, the Attorney must return the original deed together with all case papers, correspondence, accounts and money belonging to me.

13. This is a revocable agency

This is an ordinary agency, revocable under section 201 of the Indian Contract Act, 1872. It is not a power coupled with an interest and section 202 of that Act does not apply to it. It therefore comes to an end on my death, on my becoming of unsound mind, or on my being adjudicated an insolvent. If any of those events occurs, the Attorney must stop acting under this deed at once and inform the court or forum and the advocates on record.

14. Accounts and papers

The Attorney must keep proper records of the proceedings and of all money received and spent, must give me copies of pleadings, orders and settlement terms as they are filed or received, and must render an account whenever I ask and in any event when this deed comes to an end.

15. Ratification and indemnity

I ratify and confirm all lawful acts done by the Attorney within the authority given by this deed. I will indemnify the Attorney against liabilities and reasonable expenses properly incurred in exercising that authority. This indemnity does not extend to anything done beyond that authority, or to fraud, dishonesty, gross negligence or wilful default on the Attorney's part.

16. Stamping and production

This deed is chargeable with stamp duty under the applicable Indian stamp law and has been or will be stamped accordingly. If it is executed outside India, it must be stamped in India within three months after it is first received in India, under section 18 of the Indian Stamp Act, 1899, before it is acted upon or produced in evidence. The Attorney must produce the original, or a certified copy with the original available for inspection, whenever a court or authority so requires.

17. Governing law

This deed is governed by the laws of India, and the courts at __________ have jurisdiction over any question arising out of it. Nothing in this clause affects the jurisdiction of the courts and forums before which the proceedings themselves are pending.

18. Execution

This deed is being executed __________.

IN WITNESS WHEREOF I have signed this deed at __________ on __________.

PRINCIPAL

Signature: ______________________________

Name: __________

Address: __________

Left thumb impression: ____________

ACCEPTANCE BY THE ATTORNEY

I, __________, accept this appointment. I confirm that I will act only within the authority given to me by this deed, that I will keep the Principal's money separate from my own, and that I will render accounts on demand.

Signature: ______________________________

Name: __________

Address: __________

Specimen signature of the Attorney (for attestation): ______________________________

WITNESSES

We were present together and saw the Principal sign this deed.

1. Signature: ______________________________

Name: __________

Address: __________

1. Signature: ______________________________

Name: __________

Address: __________

NOTARIAL / CONSULAR ATTESTATION

(To be completed by the Notary Public, or by the consular officer where the deed is executed outside India. Register serial number, date, seal and signature.)

Attested before me at ____________________ on ____________________, the executant being identified by ____________________.

Notarial Register Serial No.: ____________________

Signature and seal: ____________________