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Head Office, SHGB House, Plot No. 1, Sector 3, Rohtak (Haryana)

TO ALL OFFICES

In supersession of SAMD Circular no.

10/2021 dated 05.06.2021

SAMD Circular No. 09/2022 dated 01.04.2022

Reg: Policy for Empanelment of Advocates.

The Policy for Empanelment of Advocates has been reviewed and approved by Board
of Directors in 60th BODs dated 23.03.2022.

The guidelines on Empanelment of Advocates aim at:

a) having good and competent lawyers on the panel;
b) proper distribution of Bank’s legal work among the lawyers on the panel; and
c) Providing a system of review of the performance of the lawyers on the panel.

To make the procedure for empanelment of Advocates more broad based and effective,
the selection of Advocates in the Bank’s approved panel be done by a Committee
headed by the Chairman. Guidelines for empanelment as contained in the Annexure to
this circular be followed meticulously.

Advocates, who are having good knowledge of laws, reputation & high standard of
integrity, be only considered for empanelment. It is to be ensured that legal work
including filing/defending of cases, vetting of loan documents, etc. is assigned to the
Advocates on the panel in rotational manner so that work is distributed in equitable
proportion, as far as possible. If an Advocate on the panel is already having
disproportionate number of cases, further allotment of cases be checked to bring it
according to the norms. It is also to be seen that the number of cases handled by the
Advocates are properly accounted.

Panel Advocates have to play a great role in the recovery process of the Bank. Unless
they do their role with enthusiasm and sincerity, the cases filed by Bank may not be
disposed off expeditiously and recovery gets affected. It is also equally important that
the dealing Advocates are appropriately briefed by the Bank officials at least 2/3 days
before the date fixed for hearing of the case.

A critical and comprehensive review of performance of the panel Advocates be

undertaken periodically by the Regional Offices and in case the services are not found
satisfactory, their names be deleted from Bank’s panel of Advocates after giving an
Page 1 of 23
opportunity to explain as to why they should not be depanelled. Care should be taken to
see that all pending cases are withdrawn from him/her before depaneling. List of such
depanelled Advocates should be circulated to the branches and placed on Portal as
well, by the concerned Regional Office so that no further case is allotted to them.
Further, if found guilty of professional misconduct/wrong reporting, action be taken
against them by filing complaint before the respective Bar Council and in case any
connivance/involvement of the Advocate comes to the notice of the Bank, they can be
proceeded against by filing criminal case and/or civil case against them.

Confirmation of periodical review having being completed along with the action
proposed be sent to Head Office for final decision by 30.04.2022.

Detailed guidelines in this regard are annexed herewith. The Policy is effective for the
Financial Year 2022-23

GENERAL MANAGER (SAMD)

Page 2 of 23
 ANNEXURE
EMPANELMENT OF ADVOCATES – GUIDELINES

The panel of Advocates is to be prepared/maintained by the SAMD, Head Office.

There shall be a ready panel available for all Districts/Towns/Sub
Divisions/Tehsils/Halkas/major centers, as the case may be, keeping in view the
needs of the respective area.

I CRITERIA FOREMPANLEMENT

The Advocates for being considered for empanelment should have put in at
least five years of successful practice at the Bar on the civil side or the
respective field of law, as the case may be, and should have inter alia the
following:

- Good legal acumen and unblemished integrity, efficiency and integrity should
be the main criteria for empanelment.

- Only individual Advocates are to be empanelled. Empanelment of the Law

Firm, if any, be name can be specifically need based and carried out with the
permission of the Competent Authority.

- Advocates exclusively practicing in criminal courts can be empanelled for

attending the criminal work.

- While including well reputed Advocates on the panel, it be ensured that they
will be able to devote sufficient time and personal attention to the Bank’s work.

- Advocates empanelled shall not appear in cases against the Bank.

Empanelled Advocate to ensure that junior Advocate practicing under him
should not appear in cases against Bank.

- Advocates should agree to abide by the prevailing Bank’s terms and

conditions as to fees, charges, submission of pleadings for approval etc.

- Ex-Law Officer, who had worked in any PSU/PSB or officer who had worked
under deputation in DRTs/NCLTs and are entitled to practice as an Advocate,
may also be considered for empanelment on Bank’s panel. The length of
his/her service in such cadre/deputation shall be considered as period of
experience for computing the period of practice.

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- Other things being equal, Endeavour should be made to encourage Advocate
belonging to SC / ST / OBC and women by enrolling them on the Panel and
in allocating work to them.

II PROCEDURE FOR EMPANELMENT

a) BIO DATA OF THE ADVOCATES FOR EMPANELMENT

In order to meet the legal work and to file/defend Bank cases, efficiently, the
Branch Manager should collect particulars of Advocates, practicing on the civil
side in the District Courts/DRTs (preferably as per Performa given in the
Attachment-I) along with supporting educational, professional &
experience documents. Before submitting his recommendations for
empanelment of an Advocate on Banks panel, the Branch Manager should
obtain through discreet enquiry as many particulars and details as possible
about these Advocates including the general opinion that is prevalent at the
local Bar about their competence, integrity and respectability. Informal,
confidential and oral enquiries about them may also be made, if possible, with
judicial officers like District Judge, Presiding Officer of Debt Recovery
Tribunal, Civil Judge, Munsif, etc. of the area.

Bio data received directly from the Advocates can also be considered by the
Regional Offices/Head Office, as per needs of the Bank. However, discreet
enquiry, as mentioned above, be made invariably and record be made
thereof.

Bio data of the Advocates shall be kept on the panel file with proper index at
Head Office.

b) APPROVAL OF NAMES FOR EMPANLEMENT

Bio Data of the Advocates, so received, will be considered by a Committee

comprising of the following:
1. Chairman
2. General Manager (SAMD)
3. General Manager (CAD)
4. Chief Manager (SAMD)
5. Chief Manager (CAD)
6. Law Officer (if there is no Law Officer, then Senior Manager, SAMD)
Quorum: Any four above but including 1 and 2.

Page 4 of 23
 Advocates will be approved/not approved on merits as per needs of the
respective area/BAR. The Empanelled Committee shall undertake the
exercise of approval of names of Advocate on quarterly basis. It, however,
shall be ensured that proper balance be maintained regarding number of
Advocates on panel vis-à-vis volume of legal work/cases so that list does
not become bulky and unwieldy.

c) COMMUNICATION

1. On approval, Regional offices will advise the Advocates concerned (as

per Attachment I-A) that he/she/they may be engaged as Advocate for
the Bank’s litigation and also the terms and conditions. It be informed
that-

- Under no circumstances, the Advocate should use any legend

containing the Bank’s name or symbol in their letter heads, sign-
boards, name-plates etc. Such as-Legal Adviser to …… Bank,
Advocate for ............... Bank etc.

- The approval for engagement of an Advocate as Bank’s Advocate or

inclusion of his name in the approved panel does not amount to an
appointment or right for an appointment to be made by the Bank and
the Bank is free to engage any Advocate of its choice and no right
exists for an empanelled Advocate to claim that he alone should be
entrusted with the Bank’s work.

2. The Advocate will be advised as per format Attachment II, in writing

when being actually engaged by the Bank in a particular case.

NOMINATION OF COUNSEL TO FACILITATE SERVICE OF SUMMONS IN

HIGH COURT MATTERS

Bank, if so required under Rules of High Court, shall nominate one or two of the
empanelled Counsels, as the case may be, as its nominated Counsels for effecting
service/if need be, for appearance.

In some High Courts, the system of nomination of a Counsel styled as Nominated

Counsel for the purpose of receiving advance copy of the writ petition or other
summons that may be filed/issued against the Bank is prevalent.

If such nomination of Counsel is permitted as per High Court rules or High Court
rules so require, necessary arrangement be made in this regard.

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Before nominating the Counsel for the purpose, consent of the Advocate be obtained
as per the format given in Attachment III, along with signed copy of the guidelines
as perAttachment IV.

The Registry of the High Court be informed of the nomination. If the High Court has
any prescribed format for the purpose, particulars be given as per the format. Else,
full details of the Advocate so nominated along with address, phone numbers etc. be
provided to the Registry of the High Court by writing a letter addressed to the
Registrar of the concerned High Court/High Court Bench.

If the Registry does not receive direct communication from the Bank, a confirmation
of nomination be given to the lawyer selected for the purpose as per format given in
Attachment V.

NOMINATION OF COUNSEL TO FACILITATE SERVICE OF NOTICES IN DEBT

RECOVERY TRIBUNAL UNDER SARFAESI ACT MATTERS

Bank is taking action under SARFAESI Act and it is observed that

applications/appeals are filed before Debt Recovery Tribunal under Section 17 of the
SARFAESI Act and ex-parte stay orders are being passed against the Bank. In view
thereof, Bank may consider nomination of a nominated Counsel to facilitate receiving
of the notice/advance copy of application/ appeal ensuring that no interim stay orders
are passed ex-parte without hearing the Bank. The procedure as specified for
nomination of Counsel for the High Court may be followed in this regard. Consent of
nominated Counsel be obtained as per Attachment III-A.

FUNCTION OF A NOMINATED COUNSEL

Instances are reported where notices were received by our panel Advocates and
madeappearance before DRT/Tribunals/High Court without getting directions from the
Bank. Further, the information regarding the case was not provided to the Bank by
them. Many panel Advocates, in order to fetch more cases, receive notices or
information regarding case filed against the Bank through their liaison and informs
Bank at the last moment so that the such case get marked only to them. In many such
cases, Bank interest is prejudiced and we suffer a lot. To overcome with the said
problem, concept of Nominated Counsel is introduced.

The nominated Counsel will receive the notices and inform immediately to the
Regional Office by fastest means of communication such as telephone/fax/mobile
phone/ email etc. about receipt of the application/appeal under Section 17/17A of
SARFAESI Act or petition/summons etc. in the matters before the High court. To
enable the Counsel to contact, Head Office will provide names of two designated
officers along with their phone number/mobile numbers/email, who can be contacted
for the purpose.

Page 6 of 23
The nominated Counsel will only receive the application/appeal under Section
17/17A of SARFAESI Act, petition/notices and seek instructions from the Bank
unless the matter is so urgent, in which case he/she will make first appearance in the
matter and observe the proceedings. Further, in case ad interim injunction orders or
passing of stay orders is prayed for against the Bank, the nominated Counsel shall
strongly oppose passing of such order. After hearing, he/she will inform the
outcome/developments of the proceedings to the designated officials immediately.
The designated official will pass on the information to the concerned branch office/
Regional Office for doing further needful in the matter.

Change/s, if any made, in the designated officer/s be informed to nominated Counsel

from time to time.

FUNCTION OF DESIGNATED OFFICERS

Bank to facilitate proper functioning by a nominated Counsel will designate an
Officer to provide/extend all help. The designated officers may be Nodal Office
(DRT)/Sr. Manager/Manager (SAMD)/Law Officer or any other officer.

The designated officer will have liaison with the nominated Counsel to know about
filing of cases/ applications etc. from time to time regularly. The designated officers,
on receiving the information and papers, will immediately take up with the concerned
Regional Office/Branch and will pass on the information/ and papers received, to
concerned Regional Office/Branch Office for doing further needful action immediately
with necessary instructions without delay. The officer designated will take the papers
from the nominated Counsel and will deliver the same to the Counsel to be engaged
for the purpose. RO/BO concerned or the designated officer, as the case may be, will
also give necessary briefing, if need be, to the Counsel to be engaged. The
respective Regional Office will decide the fees for conduct of the case, keeping in
view the fee schedule.

OTHER ASPECTS
The fee payable for first appearance, if any, by the nominated Counsel will be
decided by the Head Office. The Nominated Counsel be also paid actual amount of
out of pocket expenses incurred in respect of delivery of petitions/notice of motion
etc. received, photocopyof the papers etc.

In urgent matters, after 1st appearance, if the matter is admitted for further hearing,
Regional office will decide the Counsel, in consultation with Head Office, who is to
be engaged for the conduct of the case. The Counsel engaged will be paid fees
as per Bank’s schedule of fee. If nominated Counsel himself is engaged, he will
be paid the fees as per schedule and he will not be paid extra fees for first
appearance.

Some of these matters (like writ petitions) may relate to service matters. In such
cases, the guidelines given by DAC/HRDD, Head Office be followed. If any
instructions are necessary, the same be obtained from the concerned DAC/HRDD,
Head Office, as the case may be.
Page 7 of 23
 The nominated Counsel will not be paid any fee monthly or otherwise. On approval
of the name of nominated Counsel, it would not be necessary that all or any cases
will be handed over to him/her for contesting before the High Court/DRT/DRAT and
the cases can be allotted to anyone on the panel.

Wherever DRT/DRAT holds court (Circuit Bench) at places other than the places
where the DRT is established, the lodging, boarding and other expenses of dealing
Advocate who is attending and appearing in the cases on behalf of the Bank before
such Circuit Bench may be decided by the Regional Manager having regard to the
need, exigencies and circumstances.

III CLASSIFICATION
The Bank should have panel of Advocates under the following categories:
1. Civil cases (other than DRT/DRAT) panel.
2. Special legal panel (on criminal side, on other laws – Labour Law,
Consumer Law, Cyber Law, Intellectual Property Rights, Law relating to
competition law/MRTP,
3. Panel for drafting and vetting of loan documents
4. Panel of advocates for Housing Loans
5. DRT/DRAT/NCLT panel
6. Panel of Advocates for High Court matters (writ petition, appeal etc.)

IV. MARKING OF CASES

a) For DRT/DRAT/Courts

Marking of cases for engagement of Counsels from the approved panel on payment
of fees on approved rates shall be done by the competent authority in terms of
Bank’s extant guidelines. Competent authority before marking litigation work to the
Advocates on panel, should ensure the professional competence of the Advocates
vis-a-vis merit of the matter and in this regard. While marking cases to Advocates, it
should be taken care that out of cases earlier allotted to Advocate, how many cases
decided in favour of Bank in reasonable time and amount recovered in Decreed/RC
cases.

To avoid unnecessary payment of travel and hotel expenses to Advocates, when

suits are to be filed in other centres, empanelled Advocates at those centres alone
be engaged.

(b) For Supreme Court, National Commission, NCLAT, MRTP matters

Engagement of Advocates for attending the cases in Supreme Court, National

Commission, MRTP, NCLAT, Competition Commission or other National Forums,
matters be referred to Head Office and concerned Division will suggest the name of
the Advocate to be engaged for the purpose.
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(c) For NEC and other Misc. Legal Work
Services of panel Advocates of the respective places can be utilised for obtaining
search reports/certificates in respect of encumbrance/Reports in respect of
registration of charges with ROC and other Miscellaneous Legal work.

Equitable Distribution

The sanctioning authority should ensure that the litigation work and the legal matters
are fairly distributed among the Advocates on panel, as far as practicable. As soon
as the sanctioning authority comes to know that there are more than fifty cases with
any Advocate on the panel, the marking of cases to such Advocates can be stopped
until imbalance is eased.

Entrustment of money and documents.

Counsels may be given money, to pay court fees and/or to incur expenses against
accountable receipt. Counsels may be given documents to be filed in
Court/DRT/Forum. Confirmation be obtained from the Counsel. If receipt is obtained
from court or if application is moved to take documents on record / lodgement
schedule is filed, the receipt/copy of the application/ lodgement schedule be kept on
record.

REGISTER OF ADVOCATES

As soon as a panel is drawn up, proper record has to be maintained (SHGB 41) at
Branch/RO level. Register can be maintained in electronic form also preferably.

The list of the panel of Advocates in all the categories drawn up should be indicated
in alphabetical order in the first few pages, which has been marked as index in the
opening of the register. The index should contain besides, the name of the
Advocates, his full address, phone number and page allotted for the individual
Advocates in the Register.

Thereafter, every Advocate should be allotted a page and at the top of the page his
full name, address and phone number should be mentioned in clear terms. The
pages have been numbered only one side and the register opens with page no.2.

In the page allotted to the Advocate, the title of the case, its nature, the date of
institution and name of the court, amount of fee payable/settled, paid or partially paid
should be mentioned as per columns made in the register. The last column shall
indicate as to how the case was disposed of.

V. CHANGE OFCOUNSEL
Eventualities like death of a Counsel, Counsel being elevated to judiciary or change
of occupation, change of place of work, transfer of cases to different forums (court
Page 9 of 23
 to DRT, DRT to DRT, Court to Court etc.) may call for change of Counsel.
This has to beattended to forthwith to ensure continuity of cases. The brief and all
documents entrusted to the subject Advocate be taken back and the matter be
appropriately dealt with.

VI. REVIEW OF PERFORMANCE OF ADVOCATES ON THE PANEL

i) Vigilance
a) As long as a particular Advocate is on the Bank’s approved panel, he/she
shall not appear/advise against the Bank. If any such conduct is observed or if
it is found that the Advocate represents interests, which are adverse to the
Bank or its proceedings for recovery or the Advocate is guilty of professional
misconduct, steps should be taken to depanel the Advocate and
consequential follow up action be taken to protect the Bank’s interest.

b) Unsatisfactory performance of Counsel, like non attending of hearings, lack of

interest shown in the work, incorrect opinion, giving report of
search/investigation of title deed in a casual manner without examining the
required records and casual vetting of documents may call for delisting of
Advocate from panel itself. This will call for further action and the same be
immediately attended to.

c) The matters of Counsels, whose legal investigation of title and search report
proved false or became a question raising doubts about the correctness of the
opinion, be gone through and such Counsel can be depanelled. However, if
found guilty of professional misconduct/wrong reporting, action should be
taken against them by filing complaint before the respective Bar Council under
section 35 of the Advocates Act, 1961.

Advocates be given a chance to be heard, before depanelling. List of such

depanelled Advocates should be immediately circulated to all the branches and
all pending files be taken hence forthwith. (If names of depanelled Advocates
are informed to IBA, they may circulate to all other Banks also. This
aspect may be taken care of).

d) Periodical Review

Periodical review of performance of Advocates on the panel should be

undertaken regularly. The Committee at Regional Office should undertake this
exercise annually. A format for the purpose is given in Attachment VI.
Proceedings of review be sent to Head Office for confirmation/final decision,
as per Attachment VII by the month of April every year.

Besides annual review process of Advocates, periodical meeting with panel

Advocates at Regional level be organized for removal of difficulties and quick
disposal of Bank litigations.

Page 10 of 23
VII. PROCESS FOR REMOVAL / DEPANELMENT OF ADVOCATES / FIRMS

1. A show cause notice (Attachment VIII) seeking explanation of misconduct etc.

giving 7 days’ time be issued to the concerned Advocate, Firms, under the
signature of Regional Manager/Chief Manager.
2. On receipt of the explanation / reply within the stipulated time or non-receipt of
the same, the matter be placed before Empanelment Committee for taking final
decision.
3. The Empanelment Committee at Head Office, after considering the show cause
and the explanation, if any, submitted by the Advocate/Firm will pass necessary
directions as to depanelment or any further action against the Advocate, Firms,
like lodging complaint with the concerned Bar Council / Governing Body or
Institution.
4. In case the reply / explanation submitted by the Advocate, Firms, is found
satisfactory the show cause issued shall be withdrawn.
5. Court cases / DRT matters, other matters dealt by such Advocate, Firms, as far
as possible be re-allotted to other panel Advocate, Firms.

VIII. TIMELY PAYMENT OF FEES TOADVOCATES

i) It be ensured that Advocates are engaged from the Bank’s panel of

Advocates and fee payable to them, be paid in time. If an Advocate is
engaged outside the panel or when a panel lawyer is engaged for a matter in
which fees payable is not prescribed by the Bank, the fee payable be
negotiated before engaging the Advocate.

ii) Wherever fee of Advocate is paid, guidelines w.r.t. applicable rules/tax be

meticulously followed. TDS Certificate also be delivered to the respective
Advocate in time, against receipt. Since GM/Regional Managers/BMs are
sufficiently empowered to settle the bills of professionals, they should ensure
that the fee is settled timely so as to avoid any chance for complaints from
Counsels engaged.

All the field functionaries are hereby advised to ensure meticulous compliance
of the aforesaid guidelines.

GENERAL MANAGER (SAMD)

Page 11 of 23
 ATTACHMENT- I

Paste
Advocate
latest
photograph

REGIONAL MANAGER
Regional office

Through Branch Office

Dear Sir,
BIO DATA OF PANEL ADVOCATE

I furnish the following information:

1. Name
2. Age as on date
3. Address Res. Ph.
Off. Ph.

4. Educational qualifications including distinctions in academic career.

5. In which office trained as an apprentice/junior.
6. Period of practice.
7. List of institutions, companies, corporations, business houses, which have
engaged him/her on retainer basis or otherwise.
8. Any other relevant information.

I am assessed/not assessed to Income Tax. I am willing to undertake Bank’s legal work

on Bank’s terms and conditions. Bank’s schedule of fees is acceptable to me. Under
no circumstances, I would use any legend containing the Bank’s name or symbol in my
letter heads, sign-boards, name-plates etc. I will not appear/advise against the Bank as
long as I am in the panel.

I am aware that inclusion of my name in the panel or engaging me as Counsel in any of

Bank’s litigation does not constitute appointment or right for appointment. Bank is free
to engage any Advocate of its choice.
Yours faithfully,
( )

ADVOCATE

Page 12 of 23
 ATTCHMENT I-A

(On Bank’s Letter Head)

To

(Name and Address of the Advocate)

Sir

Reg: Empanelment of your name on the Bank’s panel of Advocates.

With reference to your request to include your name in Bank’s panel of Advocates, we
are pleased to inform you that your name has been taken on the Bank’s panel of
Advocates.

You are informed that inclusion of your name in the panel or engaging you as Counsel
in any of Bank’s litigation does not constitute appointment or right for appointment. Bank
is free to engage any Advocate of its choice.

You will be undertaking Bank’s legal work on Bank’s terms and conditions. Bank’s
schedule of fees is acceptable to you. Under no circumstances, you would use any
legend containing the Bank’s name or symbol in your letter heads, sign-boards, name-
plates etc. You will not appear/advise against the Bank as long as you are in the panel.

Panel is maintained by the Bank for its convenience sake and it is not obligatory for the
Bank to assign the work to you. Bank in its sole discretion can delete your name from
the Panel at anytime.

Yours faithfully,

( )

Page 13 of 23
 ATTACHMENT II

(Draft letter for engaging Advocate

for a particular work)

BRANCH OFFICE

(Date)

(Name & Address

of Advocate)

Reg: Engagement of Counsel in A/c in court…………………………………………..

Dear Sir,

We are pleased to engage your services in the matter to conduct/defend the case on
behalf of Bank.

You will be paid fees as per the Bank

schedule.Please send Vakalatnama for

signature.

Yours faithfully

Branch Manager

Page 14 of 23
 ATTACHMENT III

DRAFTLETTER
(For Obtaining Consent of Advocate)

(Date)

Sir,

Reg: Nomination as the Nominated Counsel for SHGB before

Punjab & Haryana High Court, Chandigarh.

Authorities have approved your name as the nominated Counsel for SHGB before
the Punjab & Haryana High Court, Chandigarh for receiving advance copy of the writ
petition/ notice of motion etc. which may be filed against the Bank.

Your nomination as of the Bank shall be informed to the Registry of High Court. The
petitioners may serve the petition/ notice of motion etc. and you will issue
acknowledgement of receipt.

A set of guidelines is enclosed for compliance.

Please give your consent to enable us to give you confirmation letter, on the basis of
which we will be able to/you may take up with High Court Registry and Bar Association
appropriately.

While issuing confirmation letter, we will also inform you the name of designated officer,
whom you can contact to take instructions.

Thanking you,

Yours faithfully,

( )
Encl: As above.

Page 15 of 23
 ATTACHMENT III-A

DRAFTLETTER
(For Obtaining Consent of Advocate)

(Date)

Sir,

Reg: Nomination as the Nominated Counsel for SHGB

before
DRT/ DRAT.

Authorities have approved your name as the Nominated Counsel for SHGB before the
DRT/ DRAT for receiving advance copy of the writ petition/
notice of motion etc., which may be filed against the Bank.

Your nomination as Nominated Counsel of the Bank shall be informed to the Registry of
DRT/DRAT. The petitioners may serve the petition/ notice of motion etc. and you will
issue acknowledgement of receipt.

A set of guidelines is enclosed for compliance.

Please give your consent to enable us to give you confirmation letter, on the basis of
which we will be able to/you may take up with DRT/DRAT Registry and Bar Association
appropriately.

While issuing confirmation letter, we will also inform you the name of designated officer,
whom you can contact to take instructions.

Thanking you,

Yours faithfully,

( )
Encl: As above.

Page 16 of 23
 ATTACHMENT IV

ANNEXURE TO THE LETTER FOR

OBTAINING CONSENT OF
ADVOCATE FOR NOMINATION OF
NOMINATED COUNSEL

GUIDELINES

1. Nominated Counsel will not be paid any fee monthly or otherwise.

2. On approval as nominated Counsel, it would not be necessary that all or any

cases will be handed over to nominated Counsel for contesting before the High
Court/DRT/ /DRAT and the cases can be allotted to any of the Advocates on the
panel of the Bank, or otherwise, if the matter needs to be contested.

3. On receipt of consent, Registry of the Punjab & Haryana High Court/DRT will be
informed about nomination. If the High Court/DRT has any format for the
purpose, the particulars will be given as per that format and if required, the
Counsel selected will sign the same. In the absence of any procedure, you will be
given a letter of confirmation to enable you to take up the matter with High
Court/DRT Registry.

4. The nominated Counsel will receive the notices and inform the designated
officer/Regional Office to which the matter relates about the receipt of the
petition/summons along with details thereof. For the purpose, Regional office will
provide Counsel with the two names of the designated officers with their phone
number/mobile number who can be contacted for the purpose on receipt of copy
of petition/ notice of motion.

5. The nominated Counsel will only receive the petition/notices/appeal/application

and seek instructions, unless the matter is so urgent in which case, nominated
Counsel will make first appearance in the matter and observe the proceedings
and outcome of the developments be informed to the designated officers.
Further, in case ad interim injunction orders or passing of stay orders is prayed
for against the Bank, the nominated Counsel shall strongly oppose passing of
such order.

Page 17 of 23
6. In such urgent matters, after first appearance, if matters are admitted for further
hearing, the Regional office of the Bank will decide the name of the Counsel who
has to be engaged for conduct of the case on behalf of Bank. If Bank decides to
engage nominated Counsel as Counsel to conduct the case, nominated Counsel
will be paid only the fees as per schedule and will not be paid separate fee for
your first appearance.

7. If nominated Counsel is not engaged for further conduct of the case, nominated
Counsel will be paid for first appearance if made, such fees, as may be decided
by Regional office. Nominated Counsel will be paid actual amount of out of
pocket expenses incurred in respect of delivery of petition/notice of motion etc.
received and also for photocopy of papers etc. if made.

8. On receipt of the information from time to time, the designated officer will
immediately take up the matter with Regional office/ concerned Regional office
and will seek instructions as to the Counsel to be engaged and to deal further
with the matter. The designated officer will take the papers from nominated
Counsel and will deliver the same to the Counsel to be engaged for the purpose.
The designated officer will also give necessary briefing if need be, as per the
instructions of Regional office.

********

Page 18 of 23
 ATTACHMENT V

(To be issued if
no format is prescribed
in
HC Rules)
(Date)

Reg: Nomination as the Nominated Counsel for

SHGB before Punjab & Haryana High Court,
Chandigarh
Please refer to your letter dated giving your consent for approving your name as
nominated Counsel/standing Counsel for SHGB before Punjab & Haryana High
Court, Chandigarh as per theconditions mentioned in our letter dated. .

We confirm approval of your name as nominated Counsel of the Bank before

Punjab & Haryana High Court, Chandigarh. You are requested to take up the matter with the
High Court Registry as well as Bar Association (if required) for doing further needful in the
matter.The designated officer/s (whom you can contact to take instructions) particulars are:
1) Name
Designation
Office
Address
Residence Address
Phone No. (O)…………….
(R)……………...
Mobile No.

2) Name
Designation
Office
Address
Residence Address
Phone No. (O)……………..
(R) ………………
Mobile No.

Thanking you,
Yours faithfully,

For Sarva Haryana Gramin Bank

( )
Designation
Page 19 of 23
 ATTACHMENT-VI

FORM OF REVIEW OF PERFORMANCE OF ADVOCATES

(Review period to )
Name of Advocate : Address:

Phone/e-mail:
Age:

1. Years of Practice: ; On SHGB’s panel: since

2. Details of Cases:
Particulars No of Cases (+) new (-) cases Nos of Pending
as on cases disposed cases as more than
01.01.201 assigned off during at the (>3 year)
during period closure **
period
Recovery suits
Misc. cases
Executions of
Decrees
Consumer cases
Consumer
Appeals
OAs in DRT
Misc/SAs
Appeals in DRAT
Writs
Others
(** Details of pending cases for more than 3 years, be submitted separately)

Recovery Suits before Distt Courts:

S Suit Particulars Present stage of Reasons Action taken
N. the case. at CO.
OS Year Name of
No. Defendant

Recovery Applications before DRT:

S OA Particulars Present stage of Reasons Action taken
N. the case. at CO.
OA Year Name of
No. Defendant

Page 20 of 23
Appeals before DRAT:
S Particulars Present stage of Reasons Action taken
N. the case. at CO.
Appeal Year Name of
Defendant

*(If given space is not enough, please give details on attached sheet(s))

(to be filled in house, only)

3. NEC/Title Verification Reports (given during Review Period) :

4. Orders effecting Bank interest, adversely, if any :
5. Complaint/Orders, against the Advocate, if any. :
6. Details of recoveries effected, if any. :
7. Comments on performance from
Law officer/Sr. Manager (recovery Section) :

In the light of above, subject’s performance is rated as under:

Excellent Very Good Good Satisfactory Poor/ found
not useful

(Sign of Law Officer/Officer)

8. Observation of the Regional Office:

(Sign of Regional Manager)

Performance of the Advocate is rated as . The subject is approved

for continuation/ not approved on Bank’s panel for .

Regional Manager

Page 21 of 23
 ATTACHMENT VII
REGIONALOFFICE

CONFIRMATION OF REVIEW OF PANEL OF ADVOCATES

We have completed the review of panel of Advocates for the year .

The significant aspects are:

1. Number of Advocates on the panel on the date of Opening of the year: …

2. Out of (1), No. of Advocates to whom work has been assigned: …….

3. Advocates having more than 50 cases with name and No. of cases.

As on31.3.
Name of Advocate No. of cases.

4. Whether fresh case/s has/have been given during the review period to
the Advocates mentioned at (3). If so, details with reasons.

5. During the review year, how many Advocates are added in the panel: …

6. During the review year how many Advocates are discontinued from the
panel. Give details.

7. Number of Advocates on the panel at the closing of year: …….

8. Whether any Advocate on the panel has done any exemplary work
(such as well contested the case and won it, helped the recovery,
helped the Bank in solving some ticklish issue etc.) during review
period.

9. Instances where misconduct, negligence, unbecoming behavior has

been observed/reported of any panel Advocate and action taken.

10. Details of complaints including nonpayment of bills received from the

Advocates.

(If space does not permit, details be given as Annexure.)

(Regional Manager)

Page 22 of 23
 Attachment -VIII

CO/LAW/EMPANELMENT OF ADVOCATE/ /20 Dt………………

To,
……………………….
(Advocate)
…………………………
…………………………..

Dear Sir,

REG: SHOW CAUSE NOTICE

Your name was included on panel of Advocates of our Bank and at the time of your
empanelment you had committed that you will render best of your services, however,
it is found that you were not diligent in providing your professional service to the
Bank as an Advocate. The basis of our observation is enclosed herewith as
‘Annexure A’.

You are, therefore, advised to send your reply, if deem fit, within 7 days from the
date of this letter failing which the Bank may take its decision on your continuation on
the panel of the Bank. If you sent your reply, the matter will be decided after taking
into consideration your reply on merit.

Yours faithfully,

REGIONAL MANAGER

Page 23 of 23