TMI Blog2001 (10) TMI 1043X X X X Extracts X X X X X X X X Extracts X X X X ..... cates. It has been stated that the banks and financial institutions were filing suits in civil courts for recovery of their dues in respect of loans and other facilities provided by them to the borrowers. The Government of India having felt the need, created separate Tribunals for adjudication of matters relating to bank recoveries. The Recovery of Debts Due to the Banks and Financial Institutions Act, 1993 (51 of 1993) was promulgated by Parliament which came into force on 24-6-1993. The Central Government was authorised to issue notification to establish Debts Recovery Tribunals to adjudicate the claims of the banks. The Government was also empowered to specify the areas over which such Tribunals may exercise their jurisdiction. The Centr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Rs. 30,000. The circular also prescribed the mode of payment. 25 per cent of the fee had to be paid at the time of filing of application before the Debts Recovery Tribunal, 25 per cent was payable after obtaining recovery certificate from the Tribunal, 25 per cent was to be paid at the time of initiation of proceedings and the balance of 25 per cent would become due on termination of proceedings before the Recovery Officer after full payment by the debtor. In case of compromises, only half of the fee prescribed was payable. The grievance of the association is that the fee prescribed by the Local Head Office of State Bank of India was much less than the fee payable under the Advocates Fee Rules prescribed by the High Court. It is submitted t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dvocates Fee Rules, 1990 and the Tribunal having accepted to adopt the fee rules framed by the High Courts of A.P. and Karnataka, the respondents have no power to fix the fee structure. 3. Now, the question before this Court is, whether it is the prerogative of the litigants to negotiate and fix the fee with regard to the matters pen-ding in the Court with their counsel, or, the High Court has any power to fix such fee. Reference is made by the learned counsel for the petitioners to article 227 and also to the A.P. Advocates Fee Rules, 1990. On the other hand, the respondent-bank has submitted that it is the prerogative of the respondents as a litigant to fix the fee and it is always open for the councils either to accept the fee and th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in respect of the fees of his adversary s advocate upon all proceedings in the High Court or in any Court subordinate thereto. It was contended by the learned counsel for the respondents that, even under article 227, read with section 34(1A) of the Advocates Act the High Court has no power to fix the fee for advocates. But, we are not going to deal with this question presently because the power of making rules is available to the High Court both under article 227 and under section 34(1A) and this power has been exercised. We will not be dealing with the extent of the power available to the High Court but we will be only deal with the power which it had exercised and try to see the scope of the rules made thereunder in 1990. There cannot ..... X X X X Extracts X X X X X X X X Extracts X X X X
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