Shankardas Prannath Surgicals Pvt. Ltd. v. Dy. Commissioner Of Income Tax, Circle 5(7),

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 26th November, 2024.

CALLED FOR DIRECTION :

1. Chol/306/2024 in ITXA/548/2005 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. S. J. Mehta, Advocate for the Appellant (Applicant).

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 in ITXA No. 548 of 2005.

2. The applicant has filed Affidavit of service dated 26.11.2024. The same is taken on record. 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 by letter dated 18.12.2023 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 returned by Courier. A copy of letter dated 18.12.2023 is annexed and marked "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 25.01.2024 was sent by courier informing the Appellant to appoint 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. The envelope containing the letter dated 25.01.2024 was returned by the courier. Here to annexed and marked Annexure - B is a copy of the said letter dated 25.01.2024 together with envelope returned by the courier."

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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 ITXA No.

No. 548 of 2005. 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.

26.11.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master