Arvind Sharma vs The State Of Madhya Pradesh
2024 Latest Caselaw 4993 MP

Madhya Pradesh High Court

Arvind Sharma vs The State Of Madhya Pradesh on 20 February, 2024

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                        MP No. 2692 of 2022
                                        (ARVIND SHARMA Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                           Dated : 20-02-2024
                                 Counsel for the petitioner is present.


                                 Learned counsel for the petitioner stated that petitioner engaged Shri
                           Ashok Tiwari, Advocate and subsequently, the petitioner wants to change the
                           advocate, but earlier advocate is not giving No Objection Certificate, therefore,
                           petitioner filed I.A. No.1796/2024 to permit the petitioner to engage another

                           counsel. In support of aforesaid application, learned counsel for the petitioner
                           placed reliance on the judgment of C.S. Venkatasubramanian Vs. State
                           Bank of India, AIR 1997 SC 2329 and contended that "under Order III, Rule
                           4(2) CPC read with Rule 20-A of the Civil Rules of Practice it is open to the
                           parties either to change the counsel or engage a new counsel with the consent or
                           with the leave of the Court. Until the leave is granted, the counsel who entered
                           appearance on behalf of the parties is entitled to remain on record. As a
                           condition for his withdrawal from record and giving consent to another counsel
                           to appear on behalf of the respondent-Bank."

In view of aforesaid judgment of Hon'ble Apex Court, I.A. No.1796/2024 is allowed. Petitioner is permitted to engage another counsel.

List the matter on 29.02.2024.

(DUPPALA VENKATA RAMANA) JUDGE

RC