Jammu and Kashmir and Ladakh High Court: While considering the instant petition wherein the Court noted that the counsel engaged by the petitioner, is demanding a certain percentage of the compensation awarded by the Motor Accidents Claims Tribunal, Kathua in her favour, as professional fee, due to which the Tribunal is not releasing the amount of Rs. 13,50,000 in petitioner’s favour that has been deposited with the Tribunal pursuant to an award passed by the Lok Adalat in September 2023; the Bench of Sanjay Dhar, J.*, pointed out that the counsel cannot claim any share out of the fruits of litigation from his/her client as fee and if at all such a thing has happened, it is a case of professional misconduct on the part of the counsel.
It was averred in the petition that due to the counsel’s unprofessional demand; a dispute arose between the petitioner and her counsel. Due to this dispute, the Tribunal has not released the deposited amount in favour of the petitioner, despite having been approached by her for the said purpose.
The Court stated in strict terms that such conduct is not expected of a person belonging to legal profession. Furthermore, the Court pointed out that if on account of a dispute between the claimant and her the Tribunal is not releasing the amount deposited, the same is highly objectionable as well. “A court or a Tribunal is not expected to become a party to the dispute about counsel fee between a litigant and his lawyer”.
In view of the afore-stated scenario, the Court directed the Motor Accidents Claims Tribunal, Kathua to release the amount deposited with it pursuant to Lok Adalat award.
[Munni v. Presiding Officer, 2024 SCC OnLine J&K 197, decided on 28-03-2024]
*Order by Justice Sanjay Dhar
Advocates who appeared in this case :
Petitioner- Gagan Oswal, Advocate