UNION OF INDIA Vs. ANANTA PRASAD SAHOO

JUDGEMENT

(1.) DEFENDANTS , who represent Union of India in the Ministry of Shipping, Road Transport and Highways, are in appeal against the judgment and decree passed by learned Civil Judge (Senior Division), Balasore in C.S. No.45 of 2010-III by which the suit for realization of Rs.8,35,578/- instituted by the respondent-plaintiff has been decreed.

(2.) PLAINTIFF is an Advocate. He was appointed as Additional Standing Government Counsel of the Government of India by order dated 4.7.2005 and thereafter as Standing Government Counsel of the Government of India vide orders dated 3.10.2007 the district of Balasore. Collector, Balasore allowed the plaintiff to appear as an Advocate on behalf of Government of India in the court of District Magistrate-Cum-Arbitrator, N.H. Project, Balasore, Orissa in arbitration cases. These facts are not disputed.

(3.) WRITTEN statement on behalf of both the defendants was filed by defendant no.2 resisting plaintiff's claim. It is pleaded that the suit is barred by law of limitation and that the plaintiff has no cause of action to file the suit against the defendants. It is averred in the written statement that the Additional District Magistrate, Balasore forwarded the bill amounting to Rs.3,86,120/- of the plaintiff to defendant no.2 vide letter dated 2.2.2009. The bill was examined and forwarded to the Project Director, National Highway Authority of India (NHAI), Bhubaneswar by defendant no.2 vide letter dated 21.4.2009 for verification and payment. The Project Director, NHAI, Bhubaneswar forwarded the bill to the office of the Project Director, NHAI, Kharagpur vide letter dated 4.6.2009. After verification of the bill, Project Director, NHAI, Kharagpur sent Bank Draft for Rs.83,183/- to the plaintiff vide letter dated 23.7.2009 calculated in accordance with terms and conditions of engagement of the plaintiff vide order dated 4.7.2005 and OM No.27(11)/99-Judl. dated 24.9.1999. However, the plaintiff did not receive the Bank Draft. It is further averred that the District Collector, Balasore forwarded a bill for Rs.2,13,800/- for plaintiff's appearance in 154 numbers of cases and another bill for Rs.4,59,400/- for his appearance in 248 numbers of arbitration cases to the Project Director, NHAI, Bhubaneswar which were also forwarded to the office of the Project Director, NHAI, Kharagpur upon which another Bank Draft for Rs.30,633/- (after deduction of TDS) was sent to the plaintiff which he did not accept. It is contended that the plaintiff having not accepted the fee amount sanctioned by the authority, has no right to file the suit.