A Division Bench of Justice Hemant Gupta and Justice Sudhanshu Dhulia while hearing a petition filed by The Plantation Corporation of Kerala against M/s Joseph & Markosm Advocates orally observed that an advocate filing a writ petition for the fee is unprofessional. This profession is a noble profession. Don't make it business.

Justice Sudhanshu Dhulia of the bench stated in the court that he has seen this kind of petition for the first time.

The Petition before the Supreme Court was challenging the order of the Kerala High Court ordering it to pay Rs. 1.99 crore as the professional fee to Respondent, a law firm based in Kerala. The Law firm had filed a Writ Petition before the Single Bench of the High Court after the Corporation failed to pay the agreed professional fee. The Single Judge of the High Court ordered payment of the dues which was challenged before the Division Bench of the High Court which refused to interfere with the order of the Singl Bench.

Justice Gupta, before the Supreme Court, asked both parties to settle the dispute by way of mediation. The Supreme Court issued notice in the matter and the matter is now pending adjudication before this Court. The respondent had also filed a Contempt petition against the petitioner which is pending before the High Court but Sr. Adv. VV Giri appearing for the Law firm assured that they would not proceed with this till the decision of the present petition. During the course of the argument, Justice Hemant Gupta also suggested that a Civil Suit could have been a better option for recovery of the fee.

Case details:-

SLP(C) No. 15339/2022
THE PLANTATION CORPORATION OF KERALA LTD. AND ORS. ....Petitioner
Versus
M/S JOSEPH AND MARKOS, ADVOCATES AND ANR.    ...Respondent