B B Parekh And ANR v. Rajendra Vinayak Mehta And ANR

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:

7. CHOL/152/2025 in TS/225/2016 in TP/282/2010 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Ms. Vaishnavi Parab, Applicant/Advocate for Orig. Defendant No. 2.

Ms. Sonali Patil i/b B. K. Barve & Co., Advocate for the Plaintiffs.

P.C.:

1. This Chamber Order is taken out by the Advocates Shri B. B. Parekh and Smt. Vaishnavi Parab seeking discharge as Advocate for Defendant No. 2 in Testamentary Suit No. 225 of 2016 in Testamentary Petition No. 282 of 2010.

2. The Applicants have filed Affidavit of service dated 09.04.2025. The same is taken on record. Inspite of service, today no one is present on behalf of Defendant No. 2

3. Perused Affidavit in support dated 10.02.2025. Paragraphs - 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 are the Advocates on record for the Defendant No.2 i.e. Mr. Deepak Mehta in this matter, duly appointed on 12/08/2024 and hence competent to swear this affidavit in support of this application.

2. The Defendant No.2 has without our knowledge addressed a communication letter dated 03.03.2025 to the Hon'ble Apex Court and this Hon'ble Court and due to said conduct of the Defendant No.2 we are unable to continue representing the Defendant No.2 in this matter.

3. We have informed the Defendant No.2 about our intention to cease acting and representing, through whats app message dated 7th March, ...2/-

2025 and email dated 9th March,2025 and telephonic conversation.

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

4. We have informed the Learned Court Commissioner and Advocates for the Plaintiff by our letter dated 07/03/2025.

5. It is in the interest of justice that this Hon'ble Court grants an order allowing us to be discharged from acting as Advocates in this matter.

6. No prejudice shall be suffered by the Defendant No.2 i.e. Mr. Deepak Mehta as he has the opportunity to appoint another Advocate or act in person in this matter."

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. Advocates, Shri B. B. Parekh and Smt. Vaishnavi Parab have been discharged on behalf of Defendant No. 2, Mr. Deepak Mehta in Testamentary Suit No.

225 of 2016 in Testamentary Petition No. 282 of 2010. Office to delete the name of Advocates Shri B. B. Parekh and Smt. Vaishnavi Parab as Advocate for Defendant No. 2. Advocates, Shri B. B. Parekh and Smt. Vaishnavi Parab to communicate this Order to Defendant No.2 and thereafter, Defendant No.2 to engage another Advocate, if he so desires.

6.

Chamber Order is disposed of accordingly.

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