OFFICIAL LIQUIDATOR Vs. SECRETARY, ADVOCATES ASSOCIATION

JUDGEMENT

(1.) THE question has been raised as to the principle on which Advocate 's fee should be calculated in connection with Banking Company claims.

(2.) IN the Rules issued by the High Court in 1952 under Section 16 of the Bar Council Act XXXVIII of 1926,no specific reference is made in regard to the matter relating to fees payable to Advocates.It was indeed not possible to so refer because the Rules were framed on 11th March 1952 while the Banking Company Rules were themselves framed on 30th September 1952.Now there are three kinds of litigation which are possible in these matters.Firstly suits which have been filed in subordinate courts either as Small Cause Suits or Original Suits which have not been transferred to the High Court under sub -section(3)of the Section 45 C of the Banking Companies Act,secondly suits so filed but which have been transferred to the High Court,and thirdly claims against debtors of the Bank which are included in the lists of debtors to be settled under Section 45 D of the Act.We are not concerned with the first category.In respect of the second and third categories which we have to consider it is contended on behalf of the Advocates that the residuary clause C of Rule 20 of the 1952 Advocate 's Fee Rules:''All other proceedings of an original nature not Therein provided for "''must apply to both,that is to say,the fee shall in either case be at the discretion of the Judge or Bench disposing of the matter,subject to a minimum of Rs.25 and a maximum of Rs.250.The argument was that the second category will not comprise ''suits withdrawn from the subordinate courts and tried by the High Court within the meaning of Rule 21,because the withdrawal here is not by the High Court suo motu but only by the exercise of statutory powers under the Banking Companies Act and so far as the third category of claims "making up lists of debtors was concerned,it was clearly not covered by any specific rules.It seems to me however that there is no substance in the,distinction sought to be made between suits withdrawn for trial to the High Court under the provisions of the Banking Companies Act or otherwise.The second category must,therefore,be held to be covered by Rule 2! which refers us back to Rule 7 which prescribes different scales for: