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Gujarat High Court

Oriental Insurance Company Limited vs Kaminiben Wd/O Ashokbhai ... on 23 July, 2018

Author: S.G. Shah

Bench: S.G. Shah

         C/FA/913/2011                                           ORDER




         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                      R/FIRST APPEAL NO. 913 of 2011

==========================================================
             ORIENTAL INSURANCE COMPANY LIMITED
                            Versus
       KAMINIBEN WD/O ASHOKBHAI CHANDRASHANKAR VYAS
==========================================================
Appearance:
MS AMEE YAJNIK(1006) for the PETITIONER(s) No. 1
MR DN PANDYA(545) for the RESPONDENT(s) No. 1,2,3,4
RULE UNSERVED(68) for the RESPONDENT(s) No. 5,6
SERVED BY AFFIX. (R)(67) for the RESPONDENT(s) No. 5,6
==========================================================

 CORAM: HONOURABLE MR.JUSTICE S.G. SHAH
                    Date : 23/07/2018
                     ORAL ORDER

Considering the office note dated 19.07.2018 and letter dated 27.03.2018 by the learned advocate Ms.Amee Yajnik requesting to remove his appearance and name from all the matters mentioned in Annexure - A with such letter. However, in such letter it is simply stated that she has withdrawn her appearance in such matters and returned papers back to the company. Unfortunately, law and rules does not permit the Court to endorse such withdrawal in absence of proper proof of service of such communication to the concerned litigant, because in such case, unnecessarily the court has to issue fresh notice upon litigant, whereas it is duty of the concerned advocate to convey his or her client to make necessary arrangement and it would, thereby, save the unnecessary procedural work at the end Page 1 of 2 Downloaded on : Fri Dec 27 22:19:51 IST 2019 C/FA/913/2011 ORDER of the court. Therefore, request by letter dated 27.03.2018 is rejected. It is made clear that in absence of appearance by the appellant, as the matter is pending since the year 2008, the court may proceed further in accordance with law to dispose of appeal on next date of hearing. List on 28.08.2018.

(S.G. SHAH, J) BINOY B PILLAI Page 2 of 2 Downloaded on : Fri Dec 27 22:19:51 IST 2019