S E Investments Ltd. v. Star Bazaar Pvt Ltd And ORS
ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 24th March, 2025.
CALLED FOR HEARING AND FINAL DISPOSAL:
Mr. Shreyas Shrivastava a/w Devesh Khara i/b DKL Advocates, Advocate for the Applicant. P.C.:
1. This Chamber Order is taken out by S. E. Investments Ltd., Applicant seeking discharge on behalf of erstwhile Advocate Vaishali Deoram Padale appearing for the Applicant in the respective captioned matters.
2. Applicant has filed Affidavit of service dated 19.03.2025. Inspite of service, today no one is present on behalf of Advocate Vaishali Deoram Padale.
3. Perused Affidavit in support dated 10.02.2025. Para - 2, 4, 5 and 6 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 x x x x x x x x x x x
2. I say that, the Applicant had initially engaged, Vaishali Deoram Padale, Advocate as its legal representative to appear and plead before this Hon'ble Court, at the time of filing the captioned Application. However, since the filing of the matter, the said counsels have neither appeared in the captioned proceedings nor communicated any inability to proceed with the same, thereby causing prejudice to the rights of the Applicant.
A copy of the case status showing orders, taken out from the official website of Bombay High Court is annexed as Annexure - B.
3. I state that, despite multiple communications and reminders, the said counsels failed to respond to the ...2/-
Applicant, thereby leaving the Applicant in a state of uncertainty and causing undue delay in the proceedings. In view of stagnation in the captioned matter and persistent unresponsiveness of the erstwhile counsel, the Applicant, vide its Vakalatnama dated 15.01.2025, appointed DKL Advocates (MAHLF/745/2024) to act, appear, and plead on its behalf in the captioned matter.
A copy of the Vakalatnama dated 15.01.2025, appointing DKL Advocates (MAH-LF/745/2024) annexed as Annexure - C.
Contd. ...2/-
4. I say that the Applicant further vide its email dated 17.01.2025, reiterated its decision to appoint and engage the services of Advocate Devesh Khara (MAH/3024/2015) acting through DKL Advocates (MAH-LF/745/2024), and also stated that the erstwhile counsel has failed to appear in the captioned matter and has not been responding to repeated requests for the issuance of a No Objection Certificate (NOC) thereby causing undue hardship to the Applicant in the effective prosecution of the captioned proceedings. Under such circumstances, the Applicant instructed Advocate Devesh Khara (MAH/3024/2015) acting through DKL Advocates (MAH-LF/745/2024) to do all such acts which are necessary to ensure effective legal representation before this Hon'ble High Court. A copy of the email dated 17.01.2025 is annexed as Annexure - D.
5. I state that pursuant to Applicant's decisions to appoint, Advocate Devesh Khara (MAH/3024/2015) acting through DKL Advocates (MAH-LF/745/2024) and in accordance with established procedure, a letter dated 21.01.2025 was issued by Advocate Devesh Khara (MAH/3024/2015) acting through DKL Advocates (MAH-LF/745/2024) on behalf of the Applicant, calling upon the erstwhile counsel to provide their No Objection Certificate (NOC) and to return all relevant case files pertaining to the captioned matter at the earliest, and in any case, before 28.01.2025. Despite such express request, the erstwhile counsel failed to reply/respond to the said communication. A copy of the letter dated 21.01.2025, sent to the erstwhile counsel by the Applicant, along with the acknowledgement receipt, is annexed as Annexure - E.
6. I state that the erstwhile counsel has failed to respond to the aforesaid communication dated ...3/-
21.01.2025, thereby failing to provide any reason for withholding the NOC and relevant case files. However in any case, assuming but not admitting that the NOC is withheld due to any unpaid remuneration, the erstwhile counsel has legal remedies available at appropriate forum for recovery of any outstanding professional fees. It is settled principle of law, that the right of litigant to have the case filed returned to him ins a corresponding counterpart of the professional duty of the advocate and the dispute regarding fees (if any) would be a lis to be decided in proceeding before the appropriate forum and not in present proceedings. I say that, in pursuance to exercising its rights, the Applicant has executed a Vakalatnama in favour of DKL Advocates (MA-LF/745/2024) and accordingly seeks the discharge of the erstwhile counsel in the captioned matter.
A Vakalatnama executed by the Applicant in favour of DKL Advocates (MAH-LF/745/2024) IS already annexed as Annexure - 'C'."
Contd. ...3/-
4. I am satisfied that the Applicant 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 Vaishali Deoram Padale, has been discharged on behalf of the Applicant in respective captioned matters. Office to delete the name of Advocate Vaishali Deoram Padale as Advocate for the Applicant in respective captioned matters. Applicant to communicate this Order to the Advocate Vaishali Deoram Padale and thereafter, Applicant to engage another Advocate, if they so desire.
6.
Chamber Order is disposed of accordingly.
24.03.2025 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master