2024:BHC-NAG:9813
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wp 365.19.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, AT NAGPUR.
Writ Petition No. 365 of 20 19
[Kamalabai Wd/o Mohan Giri ..vs.. Shivaji S/o Kundlik Katkar and ors.]
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Office Notes, Office Memoranda of Coram, Court's or Judge's orders
appearances, Court's orders of directions
and Registrar's orders
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Mr. V. S. Mishra, Advocate for respondent no.3
Mrs. S. N. Thakur, AGP for respondent nos. 4 and 5
CORAM : ANIL L. PANSARE J.
DATED : 30-08 -2024
Learned counsel for the petitioner has, on
31-7-2024, filed pursis stating therein that he has no
instructions from the petitioner and, therefore, he is
withdrawing his Vakalatnama. The learned counsel for
petitioner has only informed that he is withdrawing his
presence from the Court. This is not a mode to seek
withdrawal from appearance.
2. Learned counsel Mr. Mahendra L. Vairagade
should go through the Rules framed by the High Court under
Section 34(1) of the Advocates Act, 1961. Rule 660(4) is
relevant which reads as under.
“(4) When an Advocate who has filed a
Vakalatnama for a party wishes to withdraw his
appearance, he shall serve a written notice of his
intention to do so on his client at least seven days in
advance of the case coming up for hearing before the
Court. Leave of the Court to withdraw appearance
may also be applied for if the client has instructed the
Advocate to that effect. The Advocate shall file a note
in writing requesting the Court for permission to
withdraw appearance and shall also file along with the
Note the letter or the client instructing him to
withdraw his appearance or a copy of the intimation
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wp 365.19.odt
given to the client as above together with its written
acknowledgment by the client. The Court, if it is
satisfied that no inconvenience is likely to be caused to
the Court or the client, may permit the Advocate to
withdraw his appearance and while permitting the
Advocate to do so may also impose such terms and
conditions as it may deem proper either in public
interest or in the interest of the parties.”
Thus, unless the Court grants permission to withdraw
appearance, the Advocate is duty bound to appear in the
matter when called and to assist the Court.
3. Be that as it may, the petitioner appears to be
not interested in prosecuting the petition. The counsel’s
conduct is already recorded. He does not even deem it
necessary to appear before the Court and address on the
issue.
4. The end result is petition is dismissed as not
prosecuted.
5. Copy of order be served upon the petitioner as
also learned counsel for the petitioner for information and
necessary action, if so desired.
(Anil L. Pansare, J.)
wasnik