High Court of Bombay Allows Discharge of Advocate in Cooperative Bank Writ Petition — Counsel Substitution Permitted. Advocate Discharge Granted as Another Counsel Had Filed Vakalatnama, Facilitating Smooth Representation.

High Court: Bombay High Court Bench: BOMBAY
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Case Note & Summary

The judgment pertains to a writ petition before the High Court of Bombay, Bench at Aurangabad. The petitioner is Ashok Laxminarayan Bihani, and the respondents are Rahuri Peoples Cooperative Bank Ltd. and another. During the proceedings, Mr. T.K. Prabhakaran, advocate, submitted that Mr. S.V. Adwant, advocate, on instructions, desired to get discharged for respondent No.1 because another counsel had been engaged. The court noted that Mr. R.R. Karpe had already filed a vakalatnama. Consequently, the court discharged Mr. Adwant as advocate for respondent No.1. The judgment is brief and primarily concerns the substitution of counsel.

Headnote

A) Advocate and Client - Discharge of Advocate - Substitution of Counsel - The court allowed the discharge of Mr. S.V. Adwant as advocate for respondent No.1 upon request, as another counsel Mr. R.R. Karpe had already filed vakalatnama. (Para 1)

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Issue of Consideration

Whether an advocate can be discharged upon request when another counsel has already filed vakalatnama

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Final Decision

Mr. S.V. Adwant stands discharged as advocate for respondent No.1, as Mr. R.R. Karpe has already filed vakalatnama.

Law Points

  • Advocate discharge
  • substitution of counsel
  • vakalatnama
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Case Details

2010 LawText (BOM) (01) 363

Writ Petition No. 3241 of 2008

2010-01-12

V.R. Kingaonkar

T.K. Prabhakaran, S.V. Adwant, R.R. Karpe

Ashok Laxminarayan Bihani

Rahuri Peoples Cooperative Bank Ltd. and another

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Nature of Litigation

Writ petition before the High Court of Bombay, Bench at Aurangabad

Issues

Whether advocate can be discharged upon request when another counsel has filed vakalatnama

Submissions/Arguments

Mr. T.K. Prabhakaran submitted that Mr. S.V. Adwant desired to get discharged for respondent No.1 as another counsel was engaged.

Ratio Decidendi

An advocate may be discharged upon request when another counsel has already filed vakalatnama, ensuring continuity of representation.

Judgment Excerpts

Mr. T.K. Prabhakaran, advocate, submits that Mr. S.V. Adwant, advocate, on instructions, desires to get discharged for the respondent No.1 in as much as another counsel is engaged. Mr. Adwant stands discharged as Mr. R.R. Karpe has already filed vakalatnama.

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High Court High Court of Bombay Allows Discharge of Advocate in Cooperative Bank Writ Petition — Counsel Substitution Permitted. Advocate Discharge Granted as Another Counsel Had Filed Vakalatnama, Facilitating Smooth Representation.
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