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2014 Supreme(Bom) 2313

S.J.KATHAWALLA
Brian Castellino – Appellant
Versus
Bell Finvest (India) Limited – Respondent


Advocates:
Advocate Appeared:
For Appellant/Petitioner/Plaintiff:Aspi Chinoy, Senior Advocate, Amicus Curiae, Mathews J. Nedumpara and Rohini M. Amin.
For Respondents/Defendant: Sharan Jagtiani.

ORDER

1. Advocate Mathews J. Nedumpara has filed an application/praecipe dated 14th October, 2014 requesting that I (this Court) should recuse myself from hearing all the matters in which Advocate Nedumpara appears for one of the parties.

2. In an order dated 1st August, 2014, made in the above Official Liquidator's report, this Court had commented on the conduct of Advocate Nedumpara. In paragraphs 56 to 70 of the said order this Court observed:

(i) That Advocate Nedumpara was addressing the Court in an aggressive, discourteous and offensive manner; that he was not willing to listen to the Court and kept addressing and making remarks that were most inappropriate;

(ii) That it was clear to the Court that this was nothing but a stalling tactic to ensure that matter on the Official Liquidator's Report did not proceed;

(iii) That he was disrespectful and offensive in the manner in which he addressed the Court and that his tone and tenor was accusatory;

(iv) That he resolutely refused to address even a single query from the Court, or address the court on the merits of the Official Liquidator's report that was before the Court;

(v) That his demeanour was obstructive and intended to interfere w











































































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