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Bombay High CourtCHOL/408/2024disposed off

Alpa Mahesh Sharma v. Vivek Balkrishna Kasulwar

2024-10-14S. S. Agate, Addl. Registrar (Os)/Addl. Protho. And Senior Master3 pages

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

CALLED FOR DIRECTION :

1. Chol/408/2024 Ms. Alpa Mahesh Sharma, Applicant present in person (Petitioner No. 1) P.C.:

1. The present Chamber Order is taken out by the Applicants (Petitioner Nos. 1 and 2) for discharge of Advocate Shyamkaran Rajendra Chowdhary as Advocate for Petitioners in Writ Petition No. 3119 of 2024.

2. The applicant has filed two Affidavits of service dated 05.09.2024 and 11.10. 2024 respectively. The same are taken on record.

Inspite of service, Advocate Shyamkaran Rajendra Chowdhary is not present today.

3. Perused Chamber Order and two Affidavits in support dated 19.08.2024 and 07.10.2024 respectively. The ground for obtaining discharge as mentioned in para - 5, 6 and 7 of Affidavit dated 19.08.2024 filed by Petitioner No. 1 are as under;

"x x x x x x x x x x x x x x x x x x x x x x

5. That the Applicant states that despite the payment of fees, the said Advocate did not cooperate with the Applicant, and did not take steps to proceed with the Writ Petition. Despite several requests, the Advocate demanded further fees beyond what was mutually agreed by way of the quote raised by the Advocate. The Applicant states that she was not even provided with a proper final copy of the Petition that was filed before the Hon'ble Court. The Applicant ...2/-

additionally states, that to the best of her knowledge, copies of the petition have not even been served upon the respective Respondents by the said Advocate in complete disregard of his duties.

Contd. ...2/- Chol/408/2024

6. That finding no recourse, the Applicant was constrained to serve a notice upon the Advocate through her husband's email ID, inter alia, calling upon him to discharge himself from the matter so as to enable the Applicant to engage a different advocate. In response to the said email, the Advocate demanded further fees in lieu of release of Vakalatnama. Exhibit - C are copies of the trailing email exchanges between the Applicant and her advocate.

7. That the Applicant submits that, in due compliance of Rule 187 of the Bombay High Court (Original Side) Rules, 1960, vide email intimation dated 12.07.2024, calling upon the said Advocate to issue an NOC and release himself from the matter so as to enable the Applicant herein to engage other advocates. However, the objections raised by the Advocate are not only egregious and non sustainable, but would shock the conscience of the Hon'ble Court. Thus, the Advocate sought to be discharged has been given more than two clear days notice prior to filing of the present Chamber Order. Exhibit - D is a copy of the email Notice dated 12.07.2024 served upon the Advocate."

4. The ground for obtaining discharge as mentioned in para - 3 and 4 of Affidavit dated 07.10.2024 filed by Petitioner No. 2 are as under;

"x 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. I say that I support and consent to the discharge of the Advocate engaged on our behalf in the captioned Writ Petition for the reasons more specifically detailed by the Applicant No. 1 in the Affidavit in Support of the Chamber Order.

4. That I, and the Original Petitioner No. I are unable to proceed with the captioned Writ ...3/-

Contd. ...3/- Petition on account of the non-cooperation of the Advocate and are further unable to engage other advocates, and hence it is necessary that the present advocate representing the Petitioners in the Writ Petition be discharged, and the Applicant be permitted to engage and bring on record other advocate/advocates and proceed with the Writ Petition on behalf of both Petitioners."

Chol/408/2024

5. After going through the Chamber Order and two Affidavits in support, I am of the view that Petitioner Nos. 1 and 2 have substantially complied with the procedure of obtaining discharge as per Bombay High Court, Original Side, Rules.

6. Accordingly, the present Chamber Order is allowed and signed separately.

7. Advocate, Shyamkaran Rajendra Chowdhary is discharged as Advocate for Petitioner Nos. 1 and 2 in Writ Petition No. 3119 of 2024. Office to delete the name of Advocate, Shyamkaran Rajendra Chowdhary as Advocate for Petitioner Nos. 1 and 2. Petitioner Nos. 1 and 2 to communicate this Order to Advocate, Shyamkaran Rajendra Chowdhary and thereafter, Petitioner Nos. 1 and 2 to engage any other Advocate, if they so desire.

8.

Chamber Order is disposed of. Order accordingly.

14.10.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master