L C Tolat And Co And ORS. v. Shyam Roopchand Jaisingh And 8 ORS.

Before : S.S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 20th December, 2024 FOR DIRECTION :

5.

CHOL/579/2024 ) ) Ms. Siddhi Mathe i/b. M/s. L.C. Tolat & Co., Advocate for Defendant No. 6 IN S/96/2011 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) P.C. : 1. This Chamber Order is taken out Mr. L.C. Tolat, Proprietor of M/s. L.C. Tolat & Co., Advocates for the Defendant No. 6, seeking discharge on behalf of the Defendant No. 6.

2. The Applicant has filed Affidavit of Service on 16.12.2024. Inspite of service, today Defendant No. 6 is absent.

3.

Perused Chamber Order and Affidavit in support thereof. Paragraphs - 1, 2 and 5 are relevant which are reproduced hereunder ;

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

1. I say that I am representing the Defendant No. 6 who is residing at USA in the above Suit. I say that inspite of repeated requests and reminders and forwarding copies of records in suit by me the Defendant No. 6 failed and neglected to give any instructions to prosecute the matter and also put my Masters' into adequate funds to meet the costs. As a result I am unable to effectively prosecute the matter and to protect the rights of Defendant No. 6 in it. In the circumstances and to avoid any unnecessary misunderstanding and controversies in future I have decided to apply for discharge as Advocates for Defendant No. 6.

2. I have by my last email dated 18th October 2024 once again gave notice to Defendant No. 6 that an Application for discharge be made on 11th November 2024 by me and with said email forwarded copies of the Chamber Order for Discharge and unaffirm copy this Affidavit by way of service upon Defendant No. 6 at USA. The copy of said email dated 18.10.2024 is annexed hereto and marked as Exhibit "A". I repeat what is stated in said letter as part of this Affidavit.

3. 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

4. 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

5. The Defendant No. 6 is fully aware of the facts and failed to comply with my requests and will not be taken by surprise and no prejudice will be caused to Defendant No. 6. In the event of Chamber Order is made absolute. "

.... 2

..... Continued Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 20th December, 2024 : 2 :

4.

I am satisfied that the Ld. Advocate has substantially complied with the procedure for obtaining discharge under High Court, Original Side Rules r/w. the provisions and Rules framed under the Advocates Act.

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) 5.

In view of above, Chamber Order is allowed and signed separately. Advocate, M/s. L.C. Tolat & Co. has been discharged on behalf of the Defendant No. 6. Office to delete the name of Advocate, M/s. L.C. Tolat & Co., as Advocate for the Defendant No. 6 in the present matter. M/s. L.C. Tolat & Co., Advocates to communicate this Order to the Defendant No. 6 and thereafter, Defendant No. 6 to engage another Advocate, if he so desires.

6.

Chamber Order is disposed of accordingly.

Addl. Registrar (O.S.) / Date : 20.12.2024 Addl. Prothonotary and Senior Master