Allowed

Mr.N. Satheesh v. M/s.Alliance Projects

Madras HC13 Nov 2019WMP/5471/2019

Case brief

AI extract

What is this about?

In a miscellaneous writ petition, the Madras High Court allowed the revocation of the vakalat filed by M/S. Dass and Viswa Associates for the 5th respondent (petitioner). The court held that a party has absolute liberty to engage counsel of their choice, subject to settling any pending fees separately.

What did the court decide?

Revocation of vakalat filed by M/S. Dass and Viswa Associates permitted; T.Saravanan allowed to represent the 5th respondent.

Mr.N. Satheesh Vs M/s.Alliance Projects — Civil Procedure and Limitation | Madras HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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( Special Original Jurisdiction )

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Wednesday, the Thirteenth day of November Two Thousand Nineteen

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PRESENT

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THE HON`BLE DR.JUSTICE G.JAYACHANDRAN

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WMP No.5471 of 2019 in WP No.4131 of 2018 N. SATHEESH [ PETITIONER ] Vs 1 M/S.ALLIANCE PROJECTS, [ RESPONDENTS ] PARTNERSHIP FIRM, REP BY PARTNER MR. MANOJ SAI NAMBURU, GANDHI MANDAPAM ROAD, KOTTURPURAM, CHENNAI-085, REP BY AUTHORISED REP RAJA SRINIVASULU REDDY 2 THE REVENUE AUTHORITY AND DISTRICT REVENUE OFFICER, TIRUVALLUR. 3 THE REVENUE DIVISIONAL OFFICER, AMBATTUR TALUK OFFICE, AMBATTUR. 4 THE TAHSILDAR AMBATTUR TALUK OFFICE, AMBATTUR. 5 THE DEPUTY TAHSILDAR AMBATTUR TALUK OFFICE, AMBATTUR.

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Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to pass an order revoking the vakalat given by the petitioner/ 5th respondent to M/S.Dass and Viswa Associates, C.Anbarasu, S.Viswanathan, K.Aswin and I.Siddiq having their office at No.128/260, Angappa Naicken Street, Parrys, Chennai-1 and to permit the petitioner/ 5th respondent to file change of Vakalat through his present Counsel T.Saravanan and M.G.Ramachandiran pending in Writ Petition No.4131 of 2018

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https://hcservices.ecourts.gov.in/hcservices/

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Order : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.T.SARAVANAN, Advocate for the petitioner the court made the following order:-

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The 5^th respondent was initially entered appearance through his counsel M/s.Dass and Viswa Associates and has thought it fit to change his counsel and he has presently engaged Mr.T.Saravanan, Enrolment No.119/2010. Though the counsel was filed vakalat on his behalf, the erstwhile counsel has not given consent for change of vakalat, the present petition is filed.

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The erstwhile counsel is represented by name Aswin and he seeks time to file counter in the miscellaneous petition filed seeking leave to change the counsel.

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From the affidavit filed by name Satheesh/5^th respondent, this Court finds that for personal reason the 5^th respondent has decided to change his counsel. In the affidavit, he has sworn that he has paid the entire due to the erstwhile counsel namely M/s.Dass and Viswa Associates.

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In the said circumstances, this Court is of the view that the party has always at liberty to engage a counsel of his choice and if he has decided to change the counsel, the same cannot be denied. If there is any fees due to be settled, it has to be worked out separately. Hence the petition to revoke the vakalat filed by M/s.Dass and Viswa Associates on behalf of the 5^th respondent and permit the present counsel T.Saravanan, for the of the 5^th respondent is allowed.

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The 5^th respondent is directed to file counter within a period of two weeks. Post the matter on 27.11.2019.

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-sd/13/11/2019

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Sub Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104.

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1 THE REVENUE AUTHORITY

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AND DISTRICT REVENUE OFFICER, TIRUVALLUR.

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https://hcservices.ecourts.gov.in/hcservices/

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2 THE REVENUE DIVISIONAL OFFICER, AMBATTUR TALUK OFFICE, AMBATTUR. 3 THE TAHSILDAR AMBATTUR TALUK OFFICE, AMBATTUR. 4 THE DEPUTY TAHSILDAR AMBATTUR TALUK OFFICE, AMBATTUR.

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COPY TO
M/S.DASS AND VISWA ASSOCIATES,
NO.128/260, ANGAPPA NAICKEN STREET,
PARRYS, CHENNAI 600 001.
PH.NO.044 25350690
C.C. to M/S.T.SARAVANAN Advocate on payment of necessary
charges
Order
in
WMP.5471/2019
in
WP.4131/2018
Date :13/11/2019
From 26.2.2001 the Registry is issuing certified
copies of the Interim Orders in this format
RRI 15/11/2019

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https://hcservices.ecourts.gov.in/hcservices/

Mr.N. Satheesh v. M/s.Alliance Projects

Case brief

What is this about?

What did the court decide?

Mr.N. Satheesh v. M/s.Alliance Projects

Case brief

What is this about?

What did the court decide?

What the court decided

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