Oceanair Express Forwarders Pvt.Ltd. v. Jt. Commissioner Of Income-Tax-6

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 27th August 2024.

CALLED FOR DIRECTION :

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1. CHOL/303/2024 in ITXA/1032/2004 Mr. S. J. Mehta, Advocate for the Applicant (Appellant).

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.

2. The applicant has filed Affidavit of service dated 31.07.2024. Inspite of service, today no one is present on behalf of the Appellant.

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

"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 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 by courier. A copy of the receipt by the Courier is annexed and marked as Annexure - 'A'.

4. So far the Appellant has not appointed any other Advocate to represent them in the above Income Tax Appeal, a letter dated 06.11.2023 was sent by courier informing the Appellant to appoint any other Advocate to represent them the above Income Tax Appeal and if they failed ...2/-

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) 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 06.11.2023 together with report of courier."

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.

27.08.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master