1 ndm 42 caw.3060.10 anr FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 3060 OF 2010 IN WRIT PETITION NO. 3074 OF 2005 Tulsiram Udairam Purohit Vs. Jolly Bhavan No.2 Commercial Co-operative Society Limited and others. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders Court’s or Judge’s orders Mr. L.C.Chogle and C.M.Lokesh i/b Mrs.N.C.Shaikh for the Applicant. CORAM : A.S.OKA, J. DATE : 21 st December, 2010. P.C. 1 Heard the learned counsel appearing for the Applicant. The Applicant is the petitioner in the writ petition. The writ petition has been disposed of by order dated 27 th January, 2006. The petition was disposed of by allowing the Applicant to unconditionally withdraw the suit. 2 The case made out in the application is that the advocate (Mr.N.R.Bubna) who appeared before the Court on 27 th January, 2006 was not authorized by the Applicant to appear on his behalf. His contention is that he had engaged Mr.Balaji Shinde as his advocate in the writ petition who in turn had engaged Mr.Ram Apte, advocate to argue the petition. His contention is 2 that he had never appointed Mr.N.R.Bubna as his advocate and he does not know Mr.Bubna. However, the Applicant is not disputing his signature on the Vakalatnama of the said advocate. On 27 th January, 2006, the advocate appearing for the Applicant sought permission to withdraw the suit unconditionally and his statement has been accepted and the writ petition has been dismissed. 3 The Applicant has not disputed his signature on the Vakalatnama of the advocate who appeared in the writ petition. It is pertinent to note that on 6 th May, 2005, Mr. Limaye holding for Mr.Bubna argued the petition for admission and this Court while issuing notice, granted ad-interim relief. 4 It is always easy for any litigant to come to the Court and make a grievance that his advocate has withdrawn the matter without his consent. 5 The writ petition filed by the Applicant in the year 2005, came up before this Court on 27 th January, 2006 and the advocate who has filed Vakalatnama appeared before the Court and made a statement that the Applicant desires to withdraw the suit. The Applicant did not make any grievance about appearance of Mr.Limaye holding for Mr.Bubna on 6 th May, 2005 when ad-interim relief was granted to the Applicant. 6 As the statement has been made by the advocate for the Applicant who has admittedly filed Vakalatnama of the Applicant, 3 on the basis of averments made in the application, no case is made out for setting aside the order dated 27 th January, 2006. Application is rejected. [ A.S.OKA, J ]