VIRENDRA PRAKASH MADNAWAT v. UTTAR PRADESH POWER CORPORATION
2002-09-16
M.KATJU, R.B.MISRA
body2002
DigiLaw.ai
( 1 ) THIS writ petition has been filed against the U. P. Power Corporation. Earlier the counsel for the U. P. Power corporation was Sri Sudhir Agarwal but now the U. P. Power Corporation has appointed sri Vinod Misra as its counsel in the cases of the Corporation in the High Court. ( 2 ) IT has been stated by Sri Rajesh Misra, junior of Sri Vinod Misra, that the files of the cases of U. P. Power Corporation are not being handed over by Sri Sudhir Agarwal to sri Vinod Misra on the ground that the fees of Sri Sudhir Agarwal have not been paid by the Corporation. ( 3 ) IT has been held by the Supreme Court in (2000) 7 SCC 264 : ( AIR 2000 SC 2912 )r. D. Saxena v. Balram Prasad Sharma that if a litigant changes his lawyer the previous lawyer cannot hold up the flies with him on the ground that his fees have not been paid. These are two separate issues and cannot be mixed up. ( 4 ) IN the cases of U. P. Power Corporation which are coming before us adjournments are being sought by Sri Vinod Misra on the ground that he has no file and we are being compelled to adjourn these cases on this ground. Thus the functioning of the court in such cases is being affected. ( 5 ) IT is not the concern of this Court whether the U. P. Power Corporation appoints sri Sudhir Agarwal or Sri Vinod Misra as its counsel. It is for the U. P. Power Corporation to decide whom it wishes to have as its counsel. However, what we are concerned /with is that we are not able to decide hundreds of such cases because the files of the cases have not been handed over to Sri vinod Misra, the new counsel for U. P. Power corporation Ltd. and for this reason we have to adjourn these cases. ( 6 ) IN view of the aforementioned decision of the Supreme Court a lawyer cannot detain the files on the ground that his fees has not been paid. Hence, Sri Sudhir agarwal must handover the files of U. P. Power Corporation to Sri Vinod Misra or any other counsel whom U. P. Power Corporation engages as its counsel forthwith.
( 6 ) IN view of the aforementioned decision of the Supreme Court a lawyer cannot detain the files on the ground that his fees has not been paid. Hence, Sri Sudhir agarwal must handover the files of U. P. Power Corporation to Sri Vinod Misra or any other counsel whom U. P. Power Corporation engages as its counsel forthwith. ( 7 ) HOWEVER, we also direct that the U. P. Power Corporation Ltd. to pay the fees or the balance fees of Sri Sudhir Agarwal expeditiously. In case there is any dispute about any of the bills, Shri Sudhir Agarwal and the Corporation officials should sit together and settle the dispute. ( 8 ) SRI Vinod Misra will show a copy of this order to Sri Sudhir Agarwal and obtain the files of U. P. Power Corporation. Sri Vinod misra will also inform the U. P. Power Corporation about this order and convey the direction of this Court that the fees/balance fees of Sri Sudhir Agarwal must be paid expeditiously. ( 9 ) LIST next week. A copy of this order be given to Sri Vinod Misra if possible today. Order accordingly. .