Urmila Jhaveri v. Nimish Hasmukh Somaiya And ORS.
ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 29th January, 2025.
CALLED FOR HEARING AND FINAL DISPOSAL:
3. CHOL/39/2025 Ms. Manisha Karkar i/b U. M. Jhaveri, Applicant/Advocate for the Petitioners.
P.C.:
1. This Chamber Order is taken out by Urmila Jhaveri, Applicant/Advocate for the Petitioners seeking discharge on behalf of the Petitioners, Nimish Hasmukh Somaiya, Girin Narottamdas Somaiya and Bhushan Laxmidas Somaiya in Miscellaneous Petition (T & I. J.) No. 173 of 2019.
2. Applicant undertakes to file Affidavit of service during the course of the day.
3. Perused Affidavit in support dated 27.11.2024. Para - 1 to 6 are relevant which are reproduced hereunder;
"x x x x x x x x x x x x x x x x x x x x x x x x x x x
1. I say that the Petitioner Nos. 1 to 3 had appointed me as their Advocate in the above matter to plead on their behalf.
2. On the instructions of the Petitioners or their representatives, I have prepaid and filed the above Misc. Petition in the Hon'ble Court and pending for acceptance.
3. 1 say that thereafter on several occasions vide telephone calls, emails and letters reminded the Petitioners about the instructions for move the petition. However, the Petitioners requested to hold the matter on the ground that Respondents are settling the matter with each other. Thereafter the Petitioners are not giving
me instructions. I therefore by my emails dated 16th November, 2022, 19th November, 2022. 2nd Contd. ..2/- January, 2023, 16th March, 2023 and 7th CHOL/39/2025 December, 2023 requested them for instructions or in the alternative to take away the papers instead of keeping the mater. Hereto annexed and marked as Exhibit "A to A4 " is the copy of the said emails.
4. I say in response to my email dated 16th March. 2023, I have received whatsapp message from Petitioner No. I requesting to hold the matter for one week. Hereto annexed and marked as Exhibit "B" is the copy of screenshot of the said whatsapp message. I say that thereafter no communication from the petitioners.
5. Ultimately I had sent a letter dated 28th May, 2024 to the Petitioners and shown my inability to attend the matter in absence of instructions and requested therein to treat as discharge me as their Advocate. Hereto annexed and marked as Exhibit "C" is the copy of letter dated 28th May, 2024. The said letter received by the Petitioners however not reply till date.
6 In the circumstances, I am making this application to withdraw my appearance to Petitioners and to return back the papers and proceedings in the above matter."
4. I am satisfied that the Ld. Advocate has 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 above, Chamber Order is allowed and signed separately. Advocate, Miss Urmila Jhaveri has been discharged on behalf of the Petitioners in Miscellaneous Petition (T. & I. J.) No. 173 of 2019. Office to delete the name of Advocate Miss Urmila Jhaveri as Advocate for the Petitioners in
Contd. ...3/- Miscellaneous Petition (T. & I. J.) No. 173 of 2019. Advocate, Miss Urmila Jhaveri to communicate this Order to the Petitioners, and thereafter, Petitioners to engage another Advocate, if they so desire.
CHOL/39/2025 6.
Chamber Order is disposed of accordingly.
29.01.2025 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master