Pagarani Universal Infrastructure Pvt Ltd And 7 ORS v. Shahed Kamal And 97 ORS

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 27th February, 2024.

CALLED FOR DIRECTION:

2. CHOL/50/2024 Ms. Malcolm Siganporia a/w Ayesha Pinto i/b Saamya Partners, Advocate for Applicant Nos. 1 to 3/Orig. Deft. Nos. 1 to 3.

Mr. Manee Vishwakarma i/b K. P. Tiwari & Co., Advocate for Deft. Nos. 1 to 7.

P.C. :

1. The present Chamber Order is taken out by the Applicants (Deft. Nos. 1 to 3) for discharge of Advocate, K. P. Tiwari and Co.

as Advocate for Deft. Nos. 1 to 3.

2. Perused Chamber Order and Affidavit in support. The ground for obtaining discharge is mentioned in paragraphs - 4 to 10.

3. The Ld. Advocate, Mr. Manee Vishwakarma appearing for K. P. Tiwari & Co. has objected for the discharge and for delay of the testamentary proceeding. The main issue of contesting the discharge is only about the professional fees. There is no other ground argued by the Ld.

Advocate, Mr. Manee Vishwakarma.

4. After going through the Chamber Order, Affidavit in support and upon hearing the Ld. Advocates for Applicants/Deft Nos. 1 to 3 and K. P. Tiwari and Co., I am of the view that discharge cannot be withhold only for non-payment of Advocate fees.

The question of payment of fees is to be ...2/-

Contd. ...2/- decided before the appropriate forum, if the claim is made to that effect. Normally, the professional fees is the contract outside the Court between the client and the Advocate and therefore, while considering the application for discharge of Advocate, the same cannot be gone into. The applicants have clearly indicated that they are not willing to continue the services of the Ld. Advocate, M/s. K. P. Tiwari & Co.

and prayed for discharge. While allowing the discharge, I have to see the intention of the party as prescribed in Bombay High Court O. S. Rules. It is clear that the applicant have substantially complied with the procedure for discharge of the Advocate as per Bombay High Court, O. S.

Rules read with rules framed under the Advocates Act.

CHOL/50/2024

7. In my view, the quantum of Advocates fees is a different issue and it could not be decided by the Ministerial Officer while granting the discharge and the contentions of the Ld. Advocate for payment of Advocates fees are kept open for argument if raised before the appropriate court, and, it will be appropriate if the Chamber Order is allowed.

8. The present Chamber Order is allowed and signed separately.

9.

Advocate, M/s. K. P. Tiwari and Co. is discharged as Advocate for Defendant Nos. 1 to 3 viz. Pagarani Universal infrastructure Pvt. Ltd., Narayan Jethanand Pagarani and Narendra Narayan Pagarani respectively. Office to delete the name of Advocate, M/s. K. P. Tiwari and Co. as ...3/-

Contd. ...3/- Advocate for Deft. Nos. 1 to 3. Defendant Nos. 1 to 3 to communicate this Order to Advocate, M/s. K. P. Tiwari and Co. and thereafter, Defendant Nos. 1 to 3 to engage any other Advocate, if they so desire.

CHOL/50/2024

10. Chamber Order is disposed of. Order accordingly.

Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master 27.02.2024