Vinay Revankar Thorugh Poah Chandra Martolia v. Varanium Capital Advisors Private Limited

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 14th August 2024.

CALLED FOR DIRECTION :

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

2. CHOL/352/2024 [Original] (ECHCBM02154192024) in ARBAPL/8488/2023 Mr. Nilesh Mandavkar i/b Anjana Mishra, Advocate for the Petitioner.

Mr. Umesh Sangate, Representative/Clerk of Advocate Chetan Shah.

P.C.:

1. This Chamber Order is taken out by Vinay Revankar, Applicant in ARBAPL/8488/2023 seeking discharge on behalf of his Advocate, Mr. Chetan Shah.

2. The applicant has filed Affidavit of service dated 06.08.2024.

3. Perused Chamber Order and Affidavit in support thereof. Paragraphs - 3, 6, 9 and 10 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. That I appointed Adv. Chandra Martolia as my lawful attorney vide Special Power of Attorney dated 26.02.2022. This appointment authorised Adv. Chandra Martolia to file a case against the Respondents and further sign and do whatever other acts pertaining to the case. However, on 06.05.2024, I have issued an email declaring that the Special Power of Attorney would be rendered ineffective from that date forward. Exhibit -A annexed is the email dated 06.05.2024.

6. That since I was not present in person, I was not aware that no representative was appearing from my side in Court. This occurred despite the appointment of a lawful attorney and Advocate to act on my behalf. I had further requested the appointed attorney and Advocate to act on my behalf but these instructions were not carried out, rendering my efforts futile.

...2/-

9. That Adv. Chetan R Shah has not given NOC in favor of Adv. Rajesh Rai, Adv. Abhishek Awasthi, Adv. Rohan Rai, Adv. Anjana Kamal Mishra and Adv. Sanjeev Pathak, the Applicant and his present legal counsel have issued multiple emails requesting the NOC on 22.05.2024, 25.05.2024 and 27.05.2024. Hereto annexed and marked as Exhibit -B Colly is the emails dated 22.05.2024, 25.05.2024 and 27.05.2024.

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

10. That despite the aforementioned requests and reminders, Adv. Chetan R Shah has failed to provide the NOC and this non-compliance has caused undue delay and inconvenience to the Applicant."

4. The representative appearing on behalf of Advocate Chetan Shah on instruction submits that he has no objection if the discharge is allowed.

5. I am satisfied that the Applicant 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.

6. In view of above, Chamber Order is allowed and signed separately. Advocate, Chetan Shah has been discharged on behalf of Applicant Vinay Revankar in ARBAPL/8488/2023. Office to delete the name of Advocate Chetan Shah as Advocate for the Applicant. Mr. Vinay Revankar, Applicant to communicate this Order to Advocate Chetan Shah and thereafter, engage another Advocate, if he so desires.

7. Chamber Order is disposed of accordingly.

14.08.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master