Advocate Filing Writ Petition For Fee Is Unprofessional, Says Supreme Court

"An advocate filing a writ petition for fee is unprofessional", a Bench headed by Justice Hemant Gupta orally said.

The Court was considering an appeal plea filed by the Plantation Corporation Of Kerala Ltd. (appellants) challenging an order of the Kerala High Court ordering it to pay Rs 1.99 crores as professional fee to a legal firm based in Kerala. The law firm had moved the Single Bench of the High Court after the appellants failed to pay the agreed upon professional fee. The Single Judge ordered payment and this order was challenged by the appellants before a Division Bench of the High Court. The Division Bench refused to set aside the Single Bench's order.

"We find no illegality or irregularity in the view taken by the learned Single Judge. Appeal fails and it is dismissed accordingly', the division bench had observed, in its order.

Aggrieved, the Plantation Corporation moved the Supreme Court.

"First time a petition of this nature is coming up", the Bench which also consisted of Justice Dhulia remarked, during the hearing.

"If it were up to me, I wouldn't do it. But here, what do I do (implying that he was arguing as per his clients' request)", Senior Advocate VV Giri appearing for the law firm said.

Prompting the parties to settle the matter, the Bench asked, "Why not use your good offices for a settlement?..Please settle it, don't fight it out".

The appellants stated that the respondents had also sent a contempt notice as the High Court order was not complied with. The counsel thereafter, sought for a stay of the order.

But Giri assured the Court that no steps would be taken against the appellants and that he would press for a mediation between the parties.

"Is a stay necessary, milords?", he asked the Bench.

"It's a very old firm. They are very respectful" Giri apprised the Bench.

"We are not saying anything about the credibility of the firm. But it is not proper", the Bench replied.