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Bombay High CourtCHOL/23/2024disposed off

Pinky Skyscrapers Real Estate Llp v. Maharashtra Housing And Area Development

2024-02-07S. S. Agate, Addl. Registrar (Os)/Addl. Protho. And Senior Master2 pages

msm Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 07th February, 2024.

CALLED FOR DIRECTION:

1. CHOL/23/2024 in S/168/220 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Sahil Namavati i/b. Lexicon Law Partners, Advocate for the applicants/plaintiffs.

P.C.:

1. The present Chamber Order for discharge is taken out by Advocate Lexicon Law Partners for Plaintiffs.

2.

The Ld.

Advocate for the Applicants/Plaintiffs has filed Affidavit of Service dated 7th February, 2024.

3.

The reason for discharge is mentioned in Para-1, 2 and 3 of the Affidavit in Support. "1. I say that an email dated 2nd December 2022 was addressed by an Advocate of Lexicon Law Partners to the Plaintiff whereby we have informed them that in the event they are unable to clear the firms outstanding bills, we will be unable to appear in the captioned matter on their behalf and shall consequently be constrained to seek a discharge in the same. Hereto annexed and marked as "Exhibit A" is a copy of email dated 2nd December 2022.

2. I say that on 28th December 2022 another email was addressed by me as an Advocate of Lexicon Law Partners to the Plaintiff thereby calling upon the Plaintiff to attend ..2/-

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) : 2 :

our office to seek our NOC and take custody of all papers and proceedings at the earliest. Hereto annexed and marked as "Exhibit B" is a copy of email dated 28th December 2022.

3.

I state despite repeated reminders, the Plaintiff has failed to clear our outstanding dues in the captioned matter and despite their assurances we have not received any payments in the captioned matter. Hereto annexed and marked as "Exhibit C" are a copy of reminder emails addressed periodically to Plaintiff."

4.

After hearing the Ld. Advocate for the Applicants / Plaintiffs, I am satisfied that the Ld. Advocate for the Applicants has substantially complied with the procedure for taking discharge as per Bombay High Court Original Side Rules, 1980 read with Advocates Act.

5.

In view thereof, the present Chamber Order is allowed and signed separately discharging Lexicon Law Partners as Advocate for the Plaintiffs. Office to delete the name of Lexicon Law Partners as Advocate for the Plaintiffs. The Ld. Advocate for the Applicants is directed to communicate this order to the Plaintiffs and thereafter Plaintiffs may engage another Advocate, if they so desire.

Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master 07.02.2024