Bombay High CourtCHOL/60/2024disposed off

Nimit Kantilal Shah v. Kantilal Bhogilal Shah

2024-03-28S. S. Agate, Addl. Registrar (Os)/Addl. Protho. And Senior Master2 pages

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date :28th March, 2024.

CALLED FOR DIRECTION:

2. CHOL/60/2024 (ECHCBM02007622024) in TPL/12341/2023 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Ms. Suvarna Joshi, Advocate for the applicant. P.C.:

1. The present Chamber Order is taken out by the Applicant (Petitioner) for discharge of Advocate, Diwakar as Advocate for Petitioner in Testamentary Petition (L) No. 12341 of 2023.

2. The Ld. Advocate appearing for the Applicant undertakes to file Affidavit of service effecting service of this Chamber Order with Affidavit in support upon Advocate, Mr. Diwakar.

3. Perused Chamber Order and Affidavit in support. The ground for obtaining discharge is mentioned in paragraphs - 3 to 8. It is stated in the said Affidavit in support that previous advocate on record Smt Kanchan has given No Objection on Vakalatnama and her colleague Mr.

Diwakar, Advocate for Petitioner on record has not given "NOC". It is further stated that the learned present Advocate vide Efiling No.ED-HCBMo02-20376-2023 tried to file Vakalatnama but the same was disapproved stating that other advocate's No Objection is not received. It is further stated that the applicant has paid the fees to Ms. Kanchan Kumari and she said she will take care of filing of the petition. The

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) applicant has not appointed Mr. Diwakar it appears that he is a college/Junior of Ms.

Kanchan Kumari and had never committed any fees to him. He is suffering from both the advocate on record for the Petitioner and have given entire fees to Advocate Kanchan Kumari and have never dealt with Mr. Diwakar on record for the Petitioner. Both are deliberately avoiding further procedure as per order passed by the Hon'ble Court.

4. Considering the Chamber Order, Affidavit in support and hearing the Ld.

Advocate for the Applicant, the present Chamber Order is allowed and signed separately.

Advocate, Diwakar is discharged as Advocate for Petitioner in Testamentary Petition (L) No.12341 of 2023. Office to delete the name of Advocate, Diwakar as Advocate for Petitioner. Petitioner to communicate this Order to Advocate, Diwakar and thereafter, Petitioner to engage any other Advocate, if he so desires.

Chamber Order is disposed of. Order accordingly.

Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master 28.03.2024