ONGC LTD Vs. BAROT JAYDEV AMBALAL

JUDGEMENT

(1.) By way of this Revision Application under Section 115 of the Code of Civil Procedure, petitioner herein - original applicant has prayed to quash and set aside the impugned judgment and order dated 04.11.1999 passed by the learned Assistant Judge, Mehasana passed below Exh.37 in L.A.R. No.2583/1993 in so far as it relates to grant and/or advocate's fees to the tune of Rs.1,06,907.50 as stated in the Bill of Costs dated 04.11.1999 passed in the said reference proceedings viz. L.A.R. No.2583/1993. In a reference under Section 35 of the Land Acquisition Act, the Reference Court i.e. the learned 3rd Joint District Judge, Mehsana passed an award dated 04.11.1999 in L.A.R. No.2583/1993 and directed the respondents to pay the cost also. However, while drawing the bill of cost, the learned Assistant Judge, Mehsana awarded the advocate's fees of Rs.1,06,907.50. Having come to know about the same, the applicant - acquiring body preferred application below Exh.36 in the aforesaid L.A.R. and requested to review the order passed by the learned Assistant Judge, Mehsana fixing the advocate fees at Rs.1,06,907.50 while drawing the Bill of Cost which came to be dismissed by the learned 3rd Joint District Judge, Mehsana by impugned order dated 28th August 2001. Hence, the petitioner has preferred the present Revision Application under Section 115 of the Code of Civil Procedure.

(2.) Shri Kunal Naik, learned advocate appearing on behalf of the petitioner has vehemently submitted that the learned Reference Court has materially erred in fixing the advocate fees at Rs.1,06,907.50 while drawing the bill of cost in L.A.R. No.2583/1993. It is submitted that the liability of making payment of Rs.1,06,907.50 towards the advocate fees consequent upon the impugned order is much more than the amount permissible under the Schedule of Fees. Therefore, it is requested to allow the present Revision Application.

(3.) Though served, nobody appears on behalf of the respondents. Respondent No.1. Shri Neeraj Soni, learned AGP has supported the case of the applicant.