Uzer Makina Ve Kalip Sanayi A S v. Malaney Trading And Services Llp

ssd Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 31st July, 2024 CALLED FOR DIRECTION:

Ms. Divisha Pandia, Adv. i/b. Bindu Dubey for Applicant (Org. Respondent No.1).

Mr. Avesh Harshan, Adv. i/b. Bose & Mitra & Co., for Org. Respondent No.1.

Ms. Archana Uppuluri, Adv. i/b. M/s. Zerick Dastur Advocates for Respondent No.2. (CEAT LTD.) Ms. Oliv D'souza, Adv. for Respondent No.3 (MRF). (ECHCBM02223282023) P. C. :

1. The present Interim Application for discharge is taken out by Advocates Bose & Mitra & Co., for Applicant/ Respondent No.1.

2. The Ld. Advocate for the Respondent No.1 has filed Affidavit of Service dated 30th July, 2024. Inspite of Service none appears for Respondent No.1.

3. The reason for discharge is mentioned in Para 3, 4, 6, 8 and 9 of the application are as under :-

3. The Applicant/Respondent No.1 submits that at all material times and up to December 2023, the Advocates, were receiving instructions from the Applicant/ Respondent No.1.

4. The Applicant / Respondent No.1 had through their Constituted Attorney, appointed M/s. Bose & Mitra & Co. i.e. the Advocates, to enter appearance for and represent them before this Hon'ble High Court, inter-alia in the present proceedings, which the Advocates proceeded to do. Accordingly, the Advocates filed their Vakalatnama on behalf of the Respondent No.1 in the present Commercial Arbitration Petition on 26th April 2022 and also appeared for and represented the Respondent No.1 in the present matter in the period between 21st April 2022 to 5th December 2023. Copies of the orders passed in the present Commercial

Arbitration Petition between 21st April 2022 to 5th Contd.. ..2/- December 2023. Copies of the orders passed in the present Commercial Arbitration Petition between 21st April 2022 to 5th December 2023 recording the appearance of M/s. Bose & Mitra & Co. i.e. the Advocates on behalf of the Respondent No.1, are collectively annexed hereto and marked as Exh. A.

6. Subsequent to the mentioning by the Petitioner's Advocates on 4th December 2023 and in lieu of the matter being listed on 56th December 2023 at Item No. 905 before Court No. 37, the Advocates reached out to Respondent No. 1's Turkish Attorney with advise on further steps to be taken. Respondent No. 1 subsequently reverted with directions for the Advocates to not appear for the hearing on their behalf.

8. The Applicant / Respondent No.1 on 5th (ECHCBM02223282023 December 2023 sent the directions to not appear before this Hon'ble Court in the instant Commercial Arbitration Petition on their behalf. Annexed hereto and marked as Exh. B is a copy of the letter dated 5th December 2023 signed and verified by the Respondent No.1 directing Advocates to not appear in the matter.

9. In light of the clear directions from the Applicant / Respondent No.1, the Advocates are unable to represent them in the instant Commercial Arbitration Petition. Therefore, the discharge of the Advocates representation/ Vakalatnama for the Respondent No.1 from the captioned Commercial Arbitration Petition is being sought. The same has been communicated to the Applicant / Respondent No. 1 multiple times. Thus, the Applicant / Respondent No.1 multiple times. Thus, the Applicant / Respondent No.1 is deemed to be aware and conscious of the discharge by the Advocates.

4. After hearing the Ld. Advocate for the Applicant/ Respondent No.1, I am satisfied that the Ld. Advocate for the Applicants/ Respondent No.1 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 Interim Application is allowed, and Advocates Bose & Mitra & Co. as Advocate for Respondent No.1. The Ld. Adv. for the Applicants/ Respondent No.1 is directed to communicate this order to the Respondent

Contd.. ..3/- No.1 and thereafter Respondent No.1 may engage another Advocate, if they so desire.

(ECHCBM02223282023 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master 31.07.2024