Prakash Manubhai Kapadia v. Ramesh Laxmidas Ashar And 2 ORS.

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 22nd November, 2024.

CALLED FOR DIRECTION :

2. CHOL/518/2024 in S/821/2019 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Ms. Priya Rombade i/b Bharat Joshi, Advocate for the Applicant.

P.C.:

1. This Chamber Order is taken out by Bharat Joshi, Applicant/Advocate for the Plaintiff, seeking discharge on behalf of the Plaintiff, Prakash Manubhai Kapadia.

2. The applicant has filed Affidavit of service dated 14.11.2024. Inspite of service, today no one is present on behalf of the Plaintiff.

3. Perused Chamber Order and Affidavit in support thereof. Paragraphs - 2, 3 and 4 are relevant which are reproduced here 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 x x x x x

2. I say that, by my letter dated o9th September 2024 followed by E-mail (bjoshilawyer@yahoo.in) dated 21st September 2024, had informed the Plaintiff that, since filing of the suit, Plaintiff have failed and neglected to provide any instructions or contact me personally for taking further steps in the matter. Therefore, I would be withdrawing my appearance. Hereto annexed and marked Exhibit -A colly. are the copies of letter dated 09th September'2024 and E-mail dated 21st September 2024. The said letter was sent by registered post which was returned back with the remark addressee moved though Plaintiff still resides at same last known address. But the E-mail was duly served upon the Plaintiff and the Plaintiff had acknowledged the said E-mail by reply email (sweet17zankhi@yahoo.com) dated 23.09.2024. A copy of email by Plaintiff is annexed herewith and

marked as Exhibit - B.

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

3. I say that as per CMIS the matter is at the stage of Pre admission

4. By the above mentioned letter dated 09th September 2024 and email dated 21.09.2024, I have categorically informed the Plaintiff that I would be moving the Addl. Prothonotary and Senior for obtaining the discharge for lack of instructions."

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, Bharat Joshi has been discharged on behalf of the respective Plaintiff. Office to delete the name of Advocate Bharat Joshi as Advocate for the Plaintiff in Suit No. 821 of 2019. Mr. Bharat Joshi to communicate this Order to the Plaintiff and thereafter, Plaintiff to engage another Advocate, if he so desires.

6.

Chamber Order is disposed of accordingly.

22.11.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master