Jairam Damji Hingu v. The State Of Maharashtra

Osk 43-Wp-1969-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 1969 OF 2024 Jairam Damji Hingu & Ors.

... Petitioners V/s.

The State of Maharashtra & Ors.

... Respondents _______________________________________ Mr. Jamsheed Master i/b. Mr. Mangesh D. Chavan for Petitioner. Ms. Fatima Lakadawala, A.G.P. for Respondent No.1-State. Ms. Sneha Prabhu for Respondent Nos.2 & 3-MHADA. Mr. Duj Jain i/b. Kiran Jain & Co. for Respondent No.5. _______________________________________ CORAM : A. S. GADKARI AND KAMAL KHATA, JJ.

DATE : 12th November 2024.

P.C. :

1) Present Petition was taken up for hearing yesterday i.e. 11th November 2024, when Advocate Ms. Navaz Dordi appeared on behalf of Advocate Ms. Shreya Mohapatra for Petitioners. We had asked a question to her regarding the maintainability of Petition qua prayer clause (a). She had sought time to address this Court today on the said issue by assuring the Court that, she only will argue the Petition. 2) Today Advocate Mr. Jamsheed Master instructed by Advocate Mr. Mangesh Chavan appeared for the Petitioners. Upon a query by the Court, he tendered across the bar a photocopy of Vakalatnama indicating that, Advocate Ms. Shreya Mohapatra has given her 'No Objection' in favour of Advocate Mr. Mangesh Chavan yesterday.

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Osk 43-Wp-1969-2024.doc 2.1) The practice adopted by Advocate Ms. Shreya Mohapatra and Advocate Ms. Navaz Dordi prima-facie appears to fall within the purview of Section 35 of The Advocates Act, 1961, so also it attracts the provisions of The Contempt of Courts Act, as our directions have not adhered to by the concerned Advocate(s).

3) In view thereof, we issue notice to Advocate Ms. Shreya Mohapatra and Advocate Ms. Navaz Dordi, as to, why necessary action under the prevalent laws should not be initiated against them including the action of referring their matter to The Bar Council under The Advocates Act, 1961.

4) The Prothonotary and Senior Master, High Court Original Side, Bombay is permitted to get information regarding the addresses of the aforesaid two Advocates and their registration numbers from the Bar Council, to communicate them this Order as expeditiously as possible. 4.1) The Prothonotary and Senior Master is also directed to serve copy of this Order on the registered address of those Advocates by deputing Special Bailiff in that behalf.

This be done within a period of one week from today. 5) Stand over to 21st November 2024.

To be listed First on Board.

( KAMAL KHATA, J. ) ( A.S. GADKARI, J. ) by OMKAR SHIVAHAR KUMBHAKARN Date: 2024.11.13 09:44:20 +0530 OMKAR SHIVAHAR KUMBHAKARN 2/2