Rajnigandha Investment And Finance Ltd. v. Income Tax Officer Word 6(1) Mumbai
ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 19th November, 2024.
CALLED FOR DIRECTION :
9. CHOL/477/2024 in ITXA/348/2005 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Atul K. Jasani, Advocate for the Appellant (Applicant).
P.C.:
1. This Chamber Order is taken out by Atul K. Jasani, Applicant/Advocate for the Appellant, seeking discharge on behalf of the Appellant.
2. The applicant has filed Affidavit of service dated 08.11.2024. Inspite of service, today no one is present on behalf of the Appellant.
3. Perused Chamber Order and Affidavit in support thereof. Paragraphs - 3 to 6 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. I say that I was unable to contact the Appellant on the contact information available with me when the above appeal had come up for directions before their Lordships Hon'ble Shri Justice G. S. Kulkarni and Shri Justice Somasekhar Sundaresan on Wednesday, 04th July, 2024.
4. I say that by my letter dated 18 July, 2024, I had given notice to the successor Appellant for withdrawal of my appearance in the matter in absence of instructions and recording the above facts. The said letter was returned undelivered. Hereto annexed and marked Exhibits "A" and "B" respectively are the copy of (i) my letter dated 18 July, 2024 (in original), and (il) the undelivered packet containing aforesaid letter in original.
5. I say that from the MCA website, I had verified the present address of the Appellant before sending the aforesaid notice. Hereto annexed and marked Exhibit "C" is copy of company information printed from MCA website on 15-07-2024.
6. I say that I informed the said Mr. Sunil Dhadhania of the Appellant about the return of the registered post. It was clarified that the parent company of the Appellant is in liquidation and hence the letter would not have accepted. I say I orally informed the said Mr. Sunil Dhadhania about the withdrawal of my appearance from the matter". ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )
4. I am satisfied that the Ld. Advocate 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.
5. In view of above, Chamber Order is allowed and signed separately. Advocate, Atul K. Jasani has been discharged on behalf of the respective Appellant. Office to delete the name of Advocate Atul K. Jasani as Advocate for the Appellant in respective matters. Mr. Atul K. Jasani 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.
19.11.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master