G N VISHWANATHAPPA Vs. CANARA BANK

JUDGEMENT

(1.) SRI Rukkoji Rao is directed to take notice for the respondent.

(2.) THE petitioner in this case was retained by the respondent-Bank as their counsel. The petitioner prepared the plaint and filed it before the trial Court. At the time of filing 50% of the scheduled fee and other expenses was paid by the respondent-Bank to the petitioner. Before the conclusion of the trial, the respondent-Bank made an application before the Court for terminating the vakalath of the petitioner in this case. The trial Court granted the request. However on the question of the advocate's fee, directed that the petitioner is entitled to 1/4th of the scheduled fee and directed return of the balance of excess received from the bank. Being aggrieved, the present revision is filed.

(3.) THE trial Court has relied on the ruling of the Supreme Court in C. S. Venkatasubramanian v. State Bank of India, AIR 1997 SC 2329. In the said decision, the counsel whose vakalath was terminated had conducted the case up to the stage of recording of evidence in part. Taking into consideration the services rendered, the Supreme Court directed that 1/4th of the scheduled fee is to be payable by the Bank to the counsel. Based on the said ratio, the trial Court has also directed in this case for payment of only 1/4th of the scheduled fee.