Dsk Legal v. Ardeshir B.Cursetjee And Sons Ltd. And ANR

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 28th November, 2024.

CALLED FOR DIRECTION :

3. Chol/537/2024 in S/5100/1999 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Ms. Prerna Verma i/b DSK Legal, Advocate for the Applicant.

P.C.:

1. This Chamber Order is taken out by DSK Legal, Advocate for the Defendant/ Applicant, seeking discharge on behalf of the Defendant, American President Lines Ltd. in Suit No. 5100 of 1999.

2. The applicant has filed Affidavit of service dated 22.11.2024. Inspite of service, today no one is present on behalf of Orig.

Defendant.

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. I say that although the Plaintiff had impleaded American President Lines Ltd (company registered in India) as a Defendant to the Suit, it is American President Lines Ltd (a company registered in Delaware, USA) who filed its Vakalatnama and Written Statement in the Suit on a without prejudice basis and out of abundance of caution. Despite clarifying in the Written Statement that American President Lines Ltd. (company registered in the USA) has no connection whatsoever with the entity impleaded as a Defendant to the Suit, the Plaintiff has not taken any steps since 1999 till date to amend the Plaint.

4. I say that M/s DSK Legal has never received any instructions from the entity impleaded as a Defendant. I say that M/s. DSK Legal only filed

Vakalatnama and Written Statement on behalf American President Lines Ltd. (company registered in the USA), which is not the same entity that is impleaded as a Defendant to the Suit."

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

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, M/s. DSK Legal has been discharged on behalf of Defendant, American President Lines Ltd. in Suit No. 5100 of 1999. Office to delete the name of Advocate, M/s. DSK Legal as Advocate for the Defendant in Suit No. 5100 of 1999. M/s. DSK Legal, Advocate to communicate this Order to the Defendant and thereafter, Defendant to engage another Advocate, if they so desire.

6.

Chamber Order is disposed of accordingly.

28.11.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master