Reshma Hari Panjwani And ANR v. Ashok T. Hemdeo Being C.A. Of Radhakrishna Gulabani

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 09th April, 2025.

CALLED FOR HEARING AND FINAL DISPOSAL:

6. CHOL/144/2025 in TS/52/2013 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Ms. Anima Mishra, Advocate for the Applicant (Orig. Plaintiffs) P.C.:

1. This Chamber Order is taken out by Plaintiffs, Ms. Reshma Hari Panjwani and Mr. Vishal Hari Panjwani seeking discharge to their Advocate, Mr. Clifford Martis in captioned Testamentary Suit No. 52 of 2013.

2. The Applicants have filed Affidavit of service dated 07.03.2025. Inspite of service, no one is present on behalf of Advocate Clifford Martis.

3. Perused Affidavit in support dated 10.02.2025. Para - 1 to 4 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

1. We the applicants above-named state that in the said matter we have appointed advocate Clifford Martis i.e. Cliffy. As the appointed Advocate having address at First Floor Dove's Nest Clifford Martis, Mahim, Mumbai - 400016.

2. We state that the said advocate has failed to take any efforts in progress of the matter even after many follows-ups they did not proceed with the matter even for once. After year 2013 matter did not list even for once. Annexure - 'A' is the case status of the matter as displayed on High Court site.

3. We state that the urgency in the matter is that witnesses in the matter are approx. 76 and ...2/-

77 years old considering the same we tried to coordinate with the person through whom we met the concerned advocate. But there was no satisfactory reply by him which shows his clear intention to not proceed with the matter.

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4. We further state that left with no other option we seeking for the discharge of the said advocate i.e. Clifford Martis so that we can engage a new advocate who is willing to continue and dispose off the matter instead of keeping it pending for long period of time.

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, Shri Clifford Martis has been discharged on behalf of the Plaintiffs, Ms. Reshma Hari Panjwani and Mr. Vishal Hari Panjwani in Testamentary Suit No. 52 of 2013. Office to delete the name of Advocate Shri Clifford Martis as Advocate for the Plaintiffs in Testamentary Suit No. 52 of 2013. The Plaintiffs, Ms. Reshma Hari Panjwani and Mr. Vishal Hari Panjwani to communicate this Order to the Advocate Shri Clifford Martis and thereafter, Plaintiffs to engage another Advocate, if they so desire.

6.

Chamber Order is disposed of accordingly.

09.04.2025 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master