IN RE RAINBOW STEELS LTD. Vs. ABC

JUDGEMENT

(1.) Heard Shri Murlidhar, senior advocate, the learned counsel for the applicant and Shri R.P. Agarwal, the learned counsel for the Official Liquidator.

(2.) The matter relates to Rainbow Steels Ltd., Muzaffar Nagar, which was ordered to be wound up by this Court's order dated 9-3-1995. The State Bank of India, Muzaffar Nagar, had filed a suit against the said company in the Court of Civil Judge, Muzaffar Nagar, being suit No. 1 77 of 1994. The applicant of application A-51 is an advocate practicing in Muzaffar Nagar who had been engaged by the Official Liquidator under the orders of this Court to defend the suit on behalf of the company aforesaid (in liquidation). Annexure 1 to the application is the letter dated 4-7-1997 sent by the Official Liquidator, Allahabad, to the said applicant-advocate that he had been engaged to defend the suit at Muzaffar Nagar on the fee prescribed under the General Rules (Civil) phis expenses. The order of this Court dated 10-1-1997 was passed on Official Liquidator's Report No. 174 of 1996 which is to the following effect :

(3.) The contention of the applicant is that he prepared a written statement in the suit running in 18 pages which was filed in the Court in Nov. 1997. He had to do extra labour in the case as the suit was not only of technical nature, but involved complicated issues. 21 issues in the suit were framed on 27-2-1998. The Official Liquidator did not pay requisite fee to him according to the contract and he only paid Rs. 2,000 to him as part payment, as is evident from the latter's letter dated 12-1-1998 (Annexure 2). At the stage of final hearing, the suit was transferred to the Debt Recovery Tribunal, Jabalpur.