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Bombay High Court

Shri Sagar Harish Sharma vs Mrs Sushma Harish Sharma And 6 Ors on 22 April, 2019

Author: S.J. Kathawalla

Bench: S.J. Kathawalla

ssp                                                                  914 coapp 19 of 2007.doc

               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   ORDINARY ORIGINAL CIVIL JURISDICTION
                       COMPANY APPEAL NO.19 OF 2007
                                   IN
                      COMPANY PETITION NO.25 OF 2006

Sushma Harish Sharma and Anr.                     ...     Appellants
      and
Hotel Horizon Pvt. Ltd. and Ors.                  ...     Respondents
                                       WITH
                         COMPANY APPLICATION NO.607 OF 2010
                                       WITH
                         COMPANY APPLICATION NO.608 OF 2010
                                       WITH
                          COMPANY APPLICATION NO.19 OF 2011
                                        IN
                            COMPANY APPEAL NO.19 OF 2007
                                       WITH
                            COMPANY APPEAL NO.3 OF 2008
                                       WITH
                            COMPANY APPEAL NO.4 OF 2008

Ms. Rujuta Patil I/by M/s. Negandhi Shah and Himayatullah, for Appellants.
Ms. Sanaea Laskari I/by Rashmikant and Partners, for Respondent Nos.2 and 3.

                                   CORAM: S.J. KATHAWALLA, J.

DATE: 22nd APRIL, 2019 P.C.:

1. The learned Advocate for Respondent Nos.2 and 3 have produced a letter dated 1st April, 2019 written by Mr. Vishal Sharma, Respondent No.2 stating that they are desirous of obtaining NOC from the present Advocate to enable them to appoint a new Advocate in the matter. She states that NOC has been granted to Respondent Nos.2 and 3 on 1st April, 2019 itself by the present Advocates by their letter letter 1 st 1/2 ::: Uploaded on - 24/04/2019 ::: Downloaded on - 24/04/2019 22:44:04 ::: ssp 914 coapp 19 of 2007.doc April, 2019 subject to payment of their fees. It appears that the Respondents have not paid the fees of the Solicitors as well as the Counsel who have appeared/advised them in the above matter and have now stopped giving them instructions on the pretext of them wanting to change their Advocates. It is high time that Advocates before accepting a transferred brief ensure that the fees of the earlier Advocates/Counsel is paid by the party. .In view thereof, Mr. Sagar Harish Sharma and Mr. Vishal Harish Sharma, Respondent Nos.2 and 3 are directed to remain present before this Court on 24th April, 2019 at 11.00 a.m., failing which the Court shall pass necessary orders to ensure their presence in the matter. Stand over to 24 th April, 2019.

( S.J.KATHAWALLA, J. ) 2/2 ::: Uploaded on - 24/04/2019 ::: Downloaded on - 24/04/2019 22:44:04 :::