Chandu Dhuru Kharwa And 10 ORS v. Municipal Corporation Of Greater Mumbai And 2 ORS

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 9th February, 2024.

CALLED FOR DIRECTION:

1. CHOL/09/2024 in WP/3463/2022 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Ms. Arati Roy i/b Kusumakar Kaushik, Advocate for Petitioners(Applicants).

P.C.:

1. This Chamber Order is taken out by Mr. Kusumakar Kaushik and Jaynendra Navlani, Advocates for Petitioners/ Applicants seeking discharge on behalf of Petitioners.

2. The applicants have filed Affidavit of service dated 08.02.2024 effecting service of this application upon Petitioners.

3. The applicants have filed Affidavit in support dated 02.01.2024. Paragraphs - 1, 2 and 3 are relevant for obtaining discharge which are reproduced hereunder:

"1. I say that on 07.09.2023, the entire papers and proceedings in the above matter were handed over to Mr. Manik Thorat, the authorized representative of the Petitioners and his acknowledgement has been obtained on the office copy of the handing over letter. Exhibit - A is the copy of the letter dated 07.09.2023.

2. I further say that Mr. Manik Thorat had at the time of handing over the papers assured to our office that a separate formal ...2/-

discharge letter would soon be issued by the Petitioners.

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

3. As after repeated reminders no discharge letter was forthcoming, we recorded the facts vide letter dated 08.12.2023 and sent the same by registered post to the address as was provided by the Petitioners at the time of filing. Exhibit - B is the copy of the letter dated 08.12.2023."

4. I am satisfied that the Ld. Advocates have substantially complied with the procedure for obtaining discharge under High Court, Original Side Rules read with the provisions and Rules framed under the Advocates Act.

5.

In view of the above, Chamber Order is allowed and signed separately.

Advocates, Kusumakar Kaushik and Jaynendra Navlani have been discharged on behalf of Petitioners. Office to delete the name of Advocates, Kusumakar Kaushik and Jaynendra Navlani as Advocates for Petitioners. Advocates, Kusumakar Kaushik and Jaynendra Navlani to communicate this Order to Petitioners and thereafter, Petitioners to engage another Advocate, if they so desire.

6.

Chamber Order is disposed of accordingly.

Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master 09.02.2024