Bombay High CourtCHOL/302/2024disposed off

Akay Industries Ltd. v. Income Tax Officer Ward (I) Mumbai And ANR.

2024-08-06S. 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 : 06th August 2024.

CALLED FOR DIRECTION :

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1. CHOL/301/2024 in ITXA/2164/2011 Mr. S. J. Mehta, Advocate for the Applicant (Appellant).

2. CHOL/302/2024 in ITXA/3665/2010 P.C.:

1. This Chamber Order is taken out by Sudhir J. Mehta and Arati Vissanji, Applicants/Advocates for the Appellant, seeking discharge on behalf of the Appellant.

5. CHOL/308/2024 in ITXA/789/2007

6. CHOL/309/2024 in ITXA/722/2008

2. The applicant has filed Affidavit of service dated 02.08.2024. Inspite of service, today no one is present on behalf of the Appellant.

7. CHOL/310/2024 in ITXA/190/2006

3. Perused Chamber Order and Affidavit in support thereof. Paragraphs - 3 and 4 are relevant which are reproduced here under;

8. CHOL/311/2024 in ITXA/536/2005 "x x x xx x x x x x x x x x x x x x x x x x x x x x x x x

3. Since, I, Sudhir J. Mehta, is super citizen and not able to regularly attend High Court, all papers and brief in the above matter were returned to the Appellant by letter dated 12.12.2023 together with blank Vakalatnama with our No Objection and requesting the Appellant to nominate any other Advocate to represent them in the above Appeal. All the papers pertaining above appeal were delivered to the Appellant on 15.01.2024 at the office of their Chartered Accountants. Annexure - 'A' is a copy of letter dated 12.12.2023.

4. So far the Appellant has not appointed any other Advocate to represent them in the above Income Tax Appeal, a letter dated 22.02.2024 was delivered on 23.02.2024 was delivered on 23.02.2024 at the office of the Chartered Accountants informing the Appellant to appoint ...2/-

any other Advocate to represent them in the above Income Tax Appeal and if they failed to appoint any other Advocate, we will be filing application in this Hon'ble Court to discharge us as Advocates on records in the above Income Tax Appeal. The Appellant have neither replied nor appointed any other Advocate to represent them in the above Income Tax Appeal. Annexure - B is a copy of the said letter dated 22.02.2024." ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

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 above, Chamber Order is allowed and signed separately. Advocates, Sudhir J. Mehta and Arati Vissanji have been discharged on behalf of the respective Appellant. Office to delete the name of Advocate Sudhir J. Mehta and Arati Vissanji as Advocate for the Appellant in respective matters. Mr. Sudhir J. Mehta and Arati Vissanji to communicate this Order to the Appellant and thereafter, Appellant to engage another Advocate, if it so desire.

6. Chamber Order is disposed of accordingly.

06.08.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master