Vijayalaxmi Jayanand Kumar v. Leela Menon

ary Before: Smt. P. P. Bhaidkar, Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 30th June, 2025.

CALLED FOR DIRECTION :

1. CHOL/227/2025 Ms. Jessy Payne a/w Richard Payne, Advocate for the Applicant.

Mr. K. T. Thomas with Sourav Chhetri, Advocate for Orig. Petitioner.

P.C.:

1. This Chamber Order is filed for discharge of Advocates, Mr. K. T. Thomas, Mr. Sourav Chhetri and Mr. Melvin Francis, who are Advocates on record for the Petitioner in Testamentary Petition No. 3331 of 2022 on the ground that the Petitioner has engaged the aforesaid Advocates in 2023. It is stated in the Affidavit in support that the Petitioner has no knowledge if the citation has even been issued to the other legal heirs or if any substantial progress has been made in her case. It is further stated in the Affidavit that she has made several attempts to obtain updates and clarity on her matter, but no concrete information or documents have been provided to her. On 25.02.2025, the Petitioner sent an email to the Advocate on record seeking No Objection for appointing new Advocate in the matter. Due to the inaction and lack of transparency, the petitioner no longer wish to be represented by the Advocates on record and seeks discharge.

2. The Ld. Advocate for the Petitioner has filed reply to the Chamber Order, inter alia, stating that out of the agreed legal professional fees of Rs. 25.00 lakhs, the Petitioner has duly paid 5.00 lakhs and the remaining amount was to

Contd. ...2/- be paid after removal of office objections and after grant of Probate. The Vakalatnama is filed on 19.10.2023. The office objections has been removed in the matter by order dated 22.09.2022 and order dated 09.12.2022 was to be complied within two weeks by earlier Advocate for the Petitioner but was not complied with. Thereafter, the present Advocate on record sought extension of time and citation has been issued and Affidavit of service has also been filed. The Applicant/Petitioner as agreed earlier has not complied with the conditions of making part payment and she has come up with general statements of blame only with an intent to run away from making the partial payment. It is further stated that the Petitioner could have arranged a personal meeting rather filing the present application. The Petitioner never contacted the present Advocate. It is further stated in the Affidavit that there has been no inaction as alleged and the present application is filed only with an intent to get away in making the remaining payment. The Ld.

Advocate for the Petitioner has annexed Affidavits of one Mr. Prashant and Mr. Midhun Gopinath who were friends/relatives of the Petitioner, through whom the Petitioner approached the Advocates, in support of statements made in Affidavit in reply.

CHOL/227/2025

3. Heard Ld Advocates for Petitioner in Chamber Order as well as the Advocates on record. Perused Chamber Order and Affidavit in support and Affidavit in reply. As far as the issue of fees is concerned, the Advocates on record may agitate the said issue before the appropriate authority. This Authority cannot decide the same.

Contd. ...3/-

4. Since, the Petitioner is desirous of discharging Advocates on record and to engage new Advocate, she cannot be stopped from doing so. In support, the Ld. Advocate for the Petitioner has relied on Judgement - AIR 2000 SUPREME COURT 2912 in Civil Appeal No.

1938 of 2000 with Contempt Petition No. 147 of 2000, D/-2-8-2000 (Coram : K. T.

Thomas, J. and R. P. Sethi, J.) in the matter of R. D. Saxena Appellant v/s. Balaram Prasad Sharma Respondent.

CHOL/227/2025 5.

In view of the aforesaid facts and circumstances, Chamber Order is allowed.

The Advocates, Mr. K. T. Thomas, Mr. Sourav Chhetri and Mr. Melvin Francis, are hereby discharged as Advocates on behalf of the Petitioner in Testamentary Petition No. 3331 of 2022. Office to delete the name of Advocates, Mr. K. T. Thomas, Mr. Sourav Chhetri and Mr. Melvin Francis, as Advocates for the Petitioner.

6 .

Chamber Order is disposed of accordingly.

30.06.2025 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master