Diana Mino Framroze v. Jer Dosabhai Daboo

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 18th March, 2024.

CALLED FOR DIRECTION:

3. CHOL/97/2024 ECHCBM02046442024 in TP/597/2009 Mr. Yash Kataria i/b S. Mahomedbhai & Co., Advocate for the Applicant.

P.C.:

1. This Chamber Order is taken out by M/s. S. Mahomedbhai & Co., Applicant/Advocate for Petitioners seeking discharge on behalf of Petitioners, Diana Mino Framroze, Farah Mino Framroze and Tia Mino Framroze respectively in Testamentary Petition No. 597 of 2009.

2. The applicant has filed Affidavit of service dated 18.03.2024 effecting service of this application upon the Petitioners abovenamed.

3. The applicant has filed Affidavit in support dated 29.02.2024. The ground for discharge is mentioned in paragraphs - 2 to 8.

4. The applicant submitted that inspite of several emails sent to the Petitioners requesting to collect their papers and to send Vakalatnama of their new Advocates so that the S. Mahomedbhai & Co., record their NOC thereon. It is also mentioned that in the event they do not receive ...2/-

a response from the Applicants/ Petitioners, then M/s S. Mahomedbhai & Co. shall make a appropriate application to the Hon'ble High Court for discharge in the captioned matter. Exhibit - D annexed to the Affidavit in support is a copy of the email dated 22nd February 2024. It is further submitted that the Petitioners abovenamed have not collected their papers and have not paid the outstanding professional fees of M/s. S. Mahomedbhai & Co. till date.

5. Regarding professional fees, 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.

6. 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.

7.

In view of the above, Chamber Order is allowed and signed separately. Advocate, M/s. S. Mahomedbhai & Co. have been discharged on behalf of the Petitioners, Diana Mino Framroze, Farah Mino Framroze and Tia Mino Framroze respectively in Testamentary Petition No. 597 of 2009. Office to delete the name of

Advocate M/s. Mahomedbhai & Co. as Advocate for the Petitioners. M/s.

Mahomedbhai & Co. to communicate this Order to the Petitioners and thereafter, Petitioners to engage another Advocate, if they so desire.

8.

Chamber Order is disposed of accordingly.

Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master 18.03.2024