PRASANT KUMAR KHUNTIA Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS writ petition has been filed for issuing direction to the opposite parties to make payment of advocate fees along with 18% interest per annum.

(2.) THE facts and circumstances giving rise to the case are that petitioner who was addl. Standing Counsel for the Central government had appeared in the Court of Civil judge (Senior Division), Cuttack in a Rule of Court proceeding under Arbitration Act wherein the award of Rs. 40 lakhs passed against the opposite parties was set aside on his persuasion. The petitioner/learned advocate vide letter dated 23-6-1999 sent a bill of Rs. 4,40,350/- as counsel fees, but the said demand was not acceded to by the opposite parties. In spite of several request, as no heed has been paid, he filed this writ petition.

(3.) DR. A. K. Rath, learned counsel appearing for the petitioner has submitted that petitioner is entitled for the aforesaid amount of fee/ad valorem as the award given by the Arbitration has been set aside by the civil Court on the argument advanced by the petitioner.