G. Kishore Kumar vs A. Stalin and Another

S.S. Subramani, J.—Petitioner moved an application before the tribunal to pass suitable orders directing to send for the amount of Rs.

5,20,230 immediately so as to enable petitioner to withdraw one half of the award amount with interest and cost.

Order has been passed by the tribunal dismissing the petition on the ground that petitioner has engaged another counsel without obtaining the

consent of the earlier counsel.

The order cannot stand for a moment. It is not disputed that the amount under deposit belongs to the petitioner. It is out of that amount

petitioner claims one half to be withdrawn as per the application properly filled by him. The affidavit is also sworn to by him though it is filed by

another counsel.

It is stated that the vakalath given to the earlier advocate was not cancelled. Change of vakalath cannot be a reason for denying the relief sought

for. If the earlier counsel has any right, he has to take necessary action in accordance with law. That cannot be a reason dismissing the application.

I direct the lower court to restore the application in I.A.No. 278 of 1998 in M.C.O.P.No. 236 of 1994 and pass fresh orders in accordance

with law within 10 days from the date of production of copy of this order.