CHANDAN SENGUPTA Vs. PRESIDING OFFICER

JUDGEMENT

(1.) This application has been filed in a very peculiar facts and circumstances. The petitioner had filed a writ petition challenging his dismissal by the respondent authority CESC Ltd. The parties have been litigating for a long time. It appears from the petition that the petitioner has suffered a cerebral attack and is bed ridden. Under the circumstances, he wants to withdraw the writ petition. Expressing his desire to withdraw the writ petition he had written letters to his advocate-in-record Ms. Manisha Chatterjee. In spite of wrjting several letters some of which has been received by one A.Chatterjee and others which has been refused, no change has been given to the petitioner. The advocate-on-record who was appearing for the petitioner, earlier Ms. Chatterjee has personally appeared before this Court today and has submitted that she has borne all the expenses of the post litigations. If her allegations are correct, then she can proceed in accordance with law for realisation of her outstanding dues, lent under no circumstances, an advocate can refuse to give change to a client. An advocate is merely an agent of a client which contract of agency can be terminated without assigning any reason. Since the petitioner does not wish to proceed with the writ application. I do not see how he can be prevented from doing so. Before me Ms. Manisha Chatterjee has placed her grievance that she was not contacted before this application was filed and that appears to be her only grievance today. However, this is not a matter which is guided by emotions. Moreover, since letters have been written to her by the petitioner expressing his desire not to proceed with the matter, I do not see how she can have any objection with regard thereto.

(2.) Considering the facts and circumstances of the case, the power-of-attorney given in favour of Ms. Manisha Chatterjee by the petitioner is hereby cancelled. The petitioner is permitted to take steps in accordance with law for withdrawal of the writ petition through the present advocate-on-record in whose favour he has given the power-of-attorney.

(3.) All parties to act on a signed xerox copy of the minutes on the usual undertaking. Writ petition cancelled.