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2026 Supreme(Online)(Guj) 16498

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
ADDITIONAL REGISTRAR (JUDICIAL)
SURAJ @ SURESH MANUBHAI MAKWANA KOLIV/sSTATE OF GUJARAT
R/CRIMINAL REVISION APPLICATION NO. 497 of 2011



Advocates:
For the Appellants/Petitioners: Premal S Rachh
For the Respondents: Public Prosecutor

An advocate's withdrawal of appearance is permissible if they have complied with procedural notification requirements, even if the notice returns unserved due to the client's failure to provide a current address.

Headnote:The matter pertains to the application of Rule 133 of the Gujarat High Court Rules, 1993. An advocate for the applicants sought to withdraw his appearance, providing evidence that communication sent to the applicants returned unserved with the remark that the addressee had left without instruction. The court found that the advocate had fulfilled his professional obligation to attempt service of the withdrawal notice. The primary issue was whether the advocate's request for withdrawal of appearance could be accepted despite the notice to the clients remaining unserved. The court reasoned that since the advocate had made due attempts for service via RPAD in compliance with the applicable High Court Rules, the responsibility to maintain a current address on record lies with the applicants. In view of the aforesaid submissions and on perusal of record, the withdrawal of appearance of learned advocate Mr. Premal S. Rachh dated 10.04.2026 and office note dated 01.05.2026 pertaining to the same are accepted herewith and disposed of accordingly.

Table of Content
1. request for withdrawal of appearance by the advocate based on unserved communication to clients. (Para 1 , 2 , 3)
2. compliance with rule 133 of the gujarat high court rules regarding notice for withdrawal of appearance. (Para 4)
3. acceptance of withdrawal of appearance and direction for issuance of notice to parties. (Para 5)

ORAL ORDER

1. Heard learned Advocate Mr. Mahek B. Raval on behalf of learned Advocate Mr. Premal S. Rachh appearing for the Applicants.

2. Perused the withdrawal of appearance note dated 10.04.2026 filed by learned advocate Mr. Premal S. Rachh addressed to the office along with postal receipt and online track consignment report of postal department. Perused the office note dated 01.05.2026 pertaining to the same.

3. The learned advocate Mr. Premal S. Rachh for the Applicants has submitted the withdrawal of appearance addressed to this office dated 10.04.2026 for withdrawal of his appearance on behalf of the Applicants for deleting his name from the cause title of the captioned matter. The aforesaid withdrawal of appearance is annexed with communication dated 10.04.2026 addressed to the Applicants along with postal receipt and online track consignment report of postal department. It is averred that the communication/original cover has returned back unserved as “Addressee left without instruction”.

4. The Applicants are duty bound to submit their new address either to their learned advocate or on the record of the Court for due service of notice to them. It, prima facie, transpires that the learned advocate has performed his part of duty to make due attempts for service of communication dated 10.04.2026 to the Applicants. Now, it is the turn of the Applicants to furnish the new address on record. It, prima facie, appears that the learned advocate has tried his best for due service of communication to his client i.e. the Applicants through RPAD in compliance of Rule 133 of the Gujarat High Court Rules, 1993 on the address available on record.

5. In view of the aforesaid submissions and on perusal of record, the withdrawal of appearance of learned advocate Mr. Premal S. Rachh dated 10.04.2026 and office note dated 01.05.2026 pertaining to the same are accepted herewith and disposed of accordingly. The office is directed to remove the name of learned advocate Mr. Premal S. Rachh as an advocate of the Applicants from the cause title of captioned matter/s at the earliest. The office is further directed to issue Advocate Notice to the Applicants making it returnable on 20.07.2026, to be served through the concerned Police Station.

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