PALAIR CO-OPERATIVE SUGARS LTD vs CH.KRISHNA MURTHY

IN C.D. 1195/90, the District Forum passed the following order:- "The petitioner Ch. Krishna Murthy filed this application contending that he has been working as Standing Counsel for the opposite party since 1987. Number of the cases filed against the opposite party were disposed of in Lok Adalat. Decrees were also passed. He is entitled to the statutory fees. INspite of repeated demands, made by him the necessary statutory fees was not paid to him. Opposite Party made their appearance and admitted that they would pay the fees. Petition is allowed and the opposite party is directed to pay the statutory fees to the complainant as per rules within two months from this day."

NO appeal has been preferred against the said order in the C.D. which became final. As the amount was not paid as directed in the C.D. the complainant filed E.P. NO. 7/93. In the said E.P. on 10.9.93, the District Forum directed the respondent/judgment debtor to pay l/6th of the legal fee payable to the complainant. It granted two weeks time for compliance of the order dated 10.9.93. Since the Opposite Party did not comply with the order, the complainant filed E.A. NO. 6/93 in E.P. 7/93 for attachment to the opposite party, list of which was enclosed along with petition. The District Forum on 31.1.94 ordered the attachment and granted 15 days time otherwise the attachment order shall be issued. Questioning the aforesaid order the above revision is filed by the opposite party. It is evident that since no appeal has preferred in the C.D. it became final. In E.P. only l/6th of legal fee was directed to be paid. It is the case of the complainant that a further sum of Rs. 5,425/- has to be deposited with the complainant in the order passed in E.P. 7/93.

It is clear from the aforesaid narrative that the opposite party agreed to pay the fees to the Advocate and by an interim order a portion of the fees is directed to be paid and they have failed to comply with the District Forum''s order. In the circumstances of the case we consider that one month time from today to the petitioner/opposite party to comply with the direction of the District Forum to pay an amount of Rs. 5,425/- within a period of one month from today, is reasonable failing which the attachment will be effected and other steps will be taken. With granting of further time the revision is dismissed. No costs. Revision dismissed without cost.