Oriental Bank of Commerce
Advertisement for Empanelment of Advocates
Nos. of Vacancy:05
Period of Empanelment:
1. The advocates shall be empanelled only for a period of three years which shall be subject to annual review. This shall also be applicable for the advocates who are already empanelled and the advocates who have completed their tenure shall be taken out of the panel, unless empanelled afresh.
2. After the end of three years, empanelment of an advocate shall come to an end and no new cases will be assigned to the advocate.
3. The advocate however, subject to fulfillment of norms can apply afresh for empanelment as and when Bank calls for application as per the prescribed procedure and his/her candidature/ application shall be considered on its merits and the advocate can be empanelled afresh for such fresh period and it shall be treated as a fresh empanelment.
4. In case of legal retainers who perform dual role i.e., as a legal retainer and as a panel advocate, their empanelment as a panel advocate shall be on the aforesaid lines. However, the retainership will be for one year, renewable on year to year basis with maximum period of five years at a stretch.
Requisite qualification and Experience in Banking Laws, DRT & DRAT matters/NCLT/ High Court, State Commission, matters pertaining to SARFAESI Act, 2002, Corporate Laws, Service Matters, Litigation matters before different Courts, Civil, Consumer and Criminal matters, N.I. Act, Arbitration proceedings, Recovery Suits, property search reports etc.
Maintenance of Panel and Number of Advocates:
1. The maximum number of advocates at each District / Tehsil Headquarter shall be need based.
2. In Metropolitan cities where there are more districts within a shorter radius, the panel shall be maintained district court wise.
3. There shall be no overlapping of advocates. i.e., advocate on one panel at a particular district shall not be kept on the panel of other district/place.
4. Every CMO shall have a Senior Panel and Junior Panel of advocates
The junior level advocate shall be empanelled for Civil Courts / Title Search / Securitization Act / Consumer Forum/ Central Government Industrial Tribunal / Complaint under Sec. 138 of Negotiable Instruments Act (if amount involved is less than ` 10 lac) etc.
The junior panel of advocate shall consist of advocates from amongst the energetic and promising members of the bar preferably with excellent academic background as well.
The advocate to be empanelled under this category shall have a minimum 5 years of standing practice at the Bar or is ex banker having length of service or retired executive of reputed PSU having experience as enumerated hereunder and shall have attended different types of matters before the Courts / Forums / Tribunals. The advocate shall have expertise in most of the following fields:
Documentation, title search, banking laws.
Recovery litigation before Courts and Securitization Act.
District Consumer Forum
Criminal Complaints, Complaints u/s 138 N.I. Act.
Labour Cases / CGIT
The senior level advocate shall be empanelled for High Court / State Commission / DRT / DRAT / National Commission / Supreme Court / Criminal Complaint including complaint under Section 138 of Negotiable Instruments Act (if amount involved is ` 10 lac & above) etc.
The senior panel advocates shall have very high eminence, reputation and standing at the bar and not necessarily having the designation of senior advocate granted by the court.
The advocates to be empanelled under this category shall have a minimum 10 years of standing practice at the Bar or is ex banker having length of service or retired executive of reputed PSU having experience as enumerated hereunder and shall have attended different types of matters before the Courts/Forums/Tribunals. The advocate shall have expertise in most of the following fields:
Documentation, title search, Banking laws.
Recovery litigation before Courts, including DRT / DRAT and Securitisation Act.
Consumer Matters, Competition and related economic legislation matters
Company law, Debenture Trustee matters, NCLT, FEMA, Security Laws and SEBI
Service laws, cases before labour Court/Tribunal, CGIT
Writ jurisdiction and other matters before High Court
Advocate on Record for matters before Honíble Supreme Court
There shall be no overlapping of advocates in Senior as well as junior panel i.e., an advocate on senior panel shall not be kept on the junior panel.
Amongst the senior and junior panel, sub-panel shall be created on the basis of their specialization and their services be utilized accordingly for that particular work as detailed here under:
DRT, High Court, State Commission, National Commission etc
Service (HRD) cases
Criminal cases (other than NI Act cases)
Suits against bank.
Civil court matters and document vetting
District consumer forum cases
NI Act cases, CMM Applications etc
5. The aforesaid list is only illustrative and not exhaustive. Depending upon the volume and nature of work at a CMO/Cluster, categorization be done at CMO.
6. There shall be no overlapping of advocates in Senior as well as junior panel i.e., an advocate on senior panel shall not be kept on the junior panel.
7. However, where the cases pertaining to one court goes in appeal or otherwise to a higher court such as High court etc in the same city, the same advocate may be engaged as an exception.
Allocation of Cases to Advocates:-
The distribution and allotment of cases shall be as per policy of the Bank at its sole discretion and no advocate shall claim work as a matter of right.
Criteria for Empanelment:-
Advocate to be empanelled shall have the following:-
i) High standard of integrity, acumen and competency.
ii) Length of practice and specialization in the area of law beneficial to the Bank & experience in conducting Bankís cases.
iii) Empanelled with other banks/ FIs/ PSUs / Central/state Governments etc. The advocate shall not have been black listed /removed from panel by any other such organizations & a declaration to this effect is required to be furnished by the Advocate at the time of empanelment.
iv) Annual income-tax return filed with the Tax Authorities.
v) If the advocate is also empanelled by other bank/ PSU/ FI then opinion of that bank / PSU/ FI may be obtained.
vi) Advocates exclusively practicing in criminal courts having minimum experience of 5 years can be empanelled for attending to criminal work. In complicated urgent criminal matters, advocates having expertise in any particular matter can also be assigned the work at the sole discretion of the Bank, though not on panel.
vii) Advocates shall be willing to abide by the Bankís terms and conditions as to fees, charges, submission of pleadings for approval etc. and consent to this effect shall be furnished by the advocate before empanelment.
Copies of Documents to BE obtained from the advocate while submitting bio data:-
1. High School Certificate in support of age.
2. Registration with Bar Council.
3. Identity Card issued by Bar Association / Bar Council.
4. Letter of empanelment with other bank /Govt. organizations.
5. Certificates in support of educational qualifications.
6. Annual income-tax return filed with the Tax Authorities
7. An undertaking from the advocate to the effect that all information furnished by him/ her is correct and he/ she shall not demand / charge legal fee in excess of bankís schedule of legal fee shall also be furnished by the advocate.