AIR 1957 KERALA 57 ::1957 Ker LT 167 ::1958 Ker LT 51 ::ILR (1958) Ker 386 ::ILR (1957) Ker 50

Kerala High Court

Hon'ble Judge(s): Varadaraja Iyengar , J

Banking Companies Act (10 of 1949) , S.45C(3), S.45D— Fees payable to Advocates - High Court Rules and Orders. Travancore Cochin High Court Rules , — Advocates Fee Rules (1952) , R.20, R.21, R.7— There are three kinds of litigation which are possible in matters falling under Banking Companies Act. Firstly suits which have been filed in subordinate Courts either as small cause suits or original suits which have not been transferred to the High Court under sub-s. (3) of S. 45-C of the Act, secondly suits so filed but which have been transferred to the High Court, and thirdly claims against debtors of the Bank which are included in the lists of debtors to be settled under S. 45-D of the Act. So far as the second category is concerned it is covered by R. 21 of the Advocate's Fee Rules, 1952 issued by the High Court under S. 16, Bar Councils Act, 1926. Since that rule refers back to R. 7 the determination of fees must be governed by the different scales prescribed under that rule. There is no substance in the contention that there is a distinction between suits withdrawn for trial to the High Court under the Banking Companies Act and otherwise and that suits of the former class will fall under the residuary clause (c) of R. 20 and not under R. 21 because the withdrawal in those cases is not by the High Court suo motu but only by the ....