SC restrains RBI from allowing foreign law firms to operate in India

SUPREME COURT OF INDIA

Bar Council of India

v/s.

A.K. Balaji

R.M. LODHA

AND ANIL R. DAVE, JJ.

S.L.P. (CIVIL) NOS. 17150-17154 OF 2012

JULY 4, 2012

ORDER

Issue notice returnable in ten weeks. M/S. Dua Associates waive service for common respondent Nos. 14 and 33, Mr. E.C. Agrawala, Advocate, waives service for common respondent Nos. 10, 16, 19, 26, 39 and 40, and Mr. Sakya Singha Chaudhari, Advocate, waives service for common respondent No. 18 in the special leave petitions.

Notice shall only go to the unrepresented respondents.

Dasti, in addition to the ordinary process, is permitted.

In the meanwhile, it is clarified that Reserve Bank of India shall not grant any permission to the foreign law firms to open liaison offices in India under section 29 of the Foreign Exchange Regulation Act, 1973. It is also clarified that the expression “to practice the profession of law” under section 29 of the Advocates Act, 1961 covers the persons practicing litigious matters as well as non-litigious matters other than contemplated in para 63(ii) of the impugned order and, therefore, to practice in non-litigious matters in India the foreign law firms, by whatever name called or described, shall be bound to follow the provisions contained in the Advocates Act, 1961.

NF