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 the respondent-Bank at Ambala City Courts, in accordance with Rule 1 and 1-A of Chapter 16-B of the Rules and Orders of the High Court, Volume-I, and further for grant for 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 for 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.) RESPONDENT -Bank has not brought on record any material in regard to settlement qua the fee referred to in the written statement. In absence of any settlement, petitioner is entitled to fee in accordance with the High Court Rules and Orders in vogue when the suits were entrusted. The High Court Rules and Orders in regard to fee to be paid to an Advocate were amended on 27.2.1991 and therefore, if the suits had been entrusted before 27.2.1991 and had been concluded before the said date then petitioner is entitled to fee at the unrevised rate. In case, suits had been entrusted or on after 27.2.1991, then petitioner is entitled to fee at the revised rate. In regard to suits which had been entrusted before but evidence in the suits came to be recorded and concluded thereafter, then 1/3rd payment would be made at the unrevised rate and the balance in accordance with the amended High Court Rules and Orders.