ARUN KUMAR JAIN Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) Petitioner herein is an Advocate of this Court. In this petition he is seeking a writ in the nature of mandamus directing the respondents to pay remuneration of the petitioner on account of professional- fee for conducting cases on behalf of respondent-Bank at Ambala City Courts, in accordance with Rules 1 and 1-A of Chapter 16-B of the Rules and Orders of the High Court, Volume-I, and further for grant of interest at the rate of 12 per cent per annum on the outstanding amount.

(2.) It is the admitted case of the parties that respondent-bank had entrusted some civil suits to be conducted by the petitioner on behalf of the Bank at Ambala City Courts. The grievance of the petitioner is that he has not been paid remuneration in accordance with the amended High Court Rules and Orders. The case of the respondent-bank is that fee is to be paid as per mutual settlement between the respondent and the counsel on the panel of the Bank. It is also said that fee used to be paid in stages i.e. 1/3rd was being paid at the time of entrustment of suits, and the balance at the time of conclusion of the case. It is contended that no legal right has been violated and as such, petitioner is not entitled to any relief as sought for in this petition.

(3.) After hearing the counsel and going through the record, I am of the view that petitioner is entitled to the relief prayed for in the petition.