HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 29636 of 2025 Court No. - 9 HON'BLE MANISH KUMAR NIGAM, J. 1. Heard learned counsel for the petitioner and perused the record. 2. This petition has been filed challenging the order dated 6.8.2025 passed by Motor Accident Claims Tribunal, Meerut by which the Motor Accident Claims Tribunal has refused to permit Sri Anuj Kumar Garg, Advocate to file Vakalatnama on behalf of the petitioner and appear and conduct the case of the petitioner without taking no objection from earlier counsel Sri Laxman Singh, Advocate. 3. Brief facts of the case are that the Motor Accident Claim Petition No.661 of 2023 was filed by the petitioner against the respondent claiming compensation of Rs.22,00,000/- with interest. The said claim petition was filed through counsel Sri Laxman Singh, Advocate. It has been stated in Paragraph 7 of the writ petition that the fee agreed with his counsel Sri Laxman Singh, Advocate was paid by the petitioner. It has also been stated that since the case was not decided, the petitioner wants to engage new counsel Sri Anuj Kumar Garg as Advocate to conduct his case for which no objection was not given by earlier counsel Sri Laxman Singh, Advocate. On 6.8.2025, the petitioner moved an application along with an affidavit along with Vakalatnama of Sri Anuj Kumar Garg, Advocate and Sri Ankit Sharma, Advocate for pairvi of his case and it was prayed that the matter be referred to National Lok Adalat. Learned Tribunal on 6.8.2025 referred the matter to the Lok Adalat but has also directed that new Vakalatnama cannot be entertained unless the previous counsel has given no objection. Hence the present petition. Versus Counsel for Petitioner(s) : Mishra Vikas Kumar Prabhunath, Prashant Ji Pandey Counsel for Respondent(s) : C.S.C. Harish .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s) 4. Contention of learned counsel for the petitioner is that the petitioner being the claimant is entitled to engage as many as counsel to conduct his case and he cannot be compelled to continue with his case with the original counsel as the petitioner is not satisfied with his earlier counsel. It has also been submitted by learned counsel for the petitioner that the petitioner has paid the entire fee as settled between him and his earlier counsel but the earlier counsel has refused to issue no objection to engage another counsel. It has been further submitted that the court has no business to compel the petitioner to get no objection from the earlier counsel for engaging another counsel to conduct his case. In this regard, learned counsel for the petitioner relied upon the observations made by the Apex Court in case of Surendra Prasad Mishra Vs. Smt. Ramawati and others reported in 2020 (1) T.A.C. 404 (S.C.) wherein, the Supreme Court has held that it is not for any court to settle the dispute between the lawyers with regard to payment of fees. If, there is any misconduct on the part of lawyer in taking up the brief of another lawyer, normally it is for the Bar Council and not for the court to settle the dispute. The claimants in Motor Accident Claims Tribunal should not be made to suffer because of the dispute between the lawyers. 5. Considering the facts and circumstances of the case, arguments made by learned counsel for the petitioner and observations made by the Supreme Court in case of Surendra Prasad Mishra (supra), I am of the view that insistence by the Motor Accident Claims Tribunal for getting no objection from the earlier counsel before the Vakalatnama of a new counsel could be entertained is uncalled for. Consequently, part of the order dated 6.8.2025 directing the Anuj Kumar Garg, Advocate to obtain no objection from the previous counsel only then his Vakalatnama can be entertained is set aside. The petitioner is permitted to engage the counsel which has already engaged or any other counsel to pursue his case before the Motor Accident Claims Tribunal. 6. Consequently, the writ petition is allowed in part to the extent indicated above. August 28, 2025 S. Singh WRIC No. 29636 of 2025 2 (Manish Kumar Nigam,J.) Digitally signed by :- SAVITA SINGH High Court of Judicature at Allahabad