← Library
Bombay High CourtCHOL/217/2025disposed off

Kamal Kunjbihari Seth v. Shraddha Build-Con Pvt Ltd And ORS

2025-05-08Mrs. Pooja Bhaidkar Addl.Registrar(Os)/Addl. Protho. And Senior Master3 pages

ary Before: Smt. P. P. Bhaidkar, Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 08th May, 2025.

CALLED FOR HEARING AND FINAL DISPOSAL:

3. CHOL/217/2025 Mr. Kamal Kunjbihari Seth, Applicant/Petitioner present in person.

P.C.:

1.This Chamber Order is taken out by the Petitioner, Kamal Kunjbihari Seth seeking discharge to his Advocate, Mr. Rajesh L. Dharap in captioned Writ Petition (Lodging)No.17539 of 2023.

2. The Applicant/Petitioner tendered Affidavit of service dated 08.05.2025. The same is taken on record. The Chamber Order is served on Advocate on 11.04.2025.

Despite service, Advocate, Rajesh L. Dharap is not present today. His name is shown on board.

3. Perused Affidavit in support dated 08.04.2025. It is stated in the said Affidavit that the Petitioner is dis-satisfied with the conduct of the Advocate on record as inspite of paying fees, he has failed to handle the present Petition diligently and not complied the required necessary procedures and also not taken steps for removal of office objections. It is further stated that the aforesaid Writ Petition was listed before the Ld. Prothonotary and Senior Master on 01.04.2025 and six weeks time was granted for removal of office ...2/-

objections from the date of uploading of the order. The last date for removal of office objection is 13.05.2025. It is further stated that despite passing the aforesaid order, the Advocate has not taken any steps for removal of office objections.

Contd. ...2/- CHOL/217/2025

4. The Applicant states that urgency in the matter is that Applicant (Petitioner) is as senior citizen of 83 years old and needs to engage Advocate for removal of office objections by 13.05.2025, failing which Petition would stand rejected under Rule

986. He, therefore, prays to allow the Chamber Order. It is further stated by Petitioner that he has sent several whatsapp messages to his Advocate asking for this No Objection to appoint Advocate Drishti K. Saigal, however, he has not given the same.

5. 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.

6.

In view of the above, Chamber Order is allowed and signed separately. Advocate, Shri Rajesh L. Dharap has been discharged on behalf of the Petitioner, Shri Kamal Kunjbihari Seth in Writ Petition (Lodg) No.

17539 of 2023. Office to delete the name of Advocate Shri Rajesh L. Dharap as Advocate for the Petitioner in Writ Petition (Lodg) No. 17539 of 2023. The Petitioner to communicate this Order to the Advocate Shri Rajesh L. Dharap and thereafter, ...3/-

Petitioner to engage another Advocate, if he so desires.

Contd. ...3/- CHOL/217/2025 7.

Chamber Order is disposed of accordingly.

08.05.2025 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master