R. N. Jain vs Late Sh. Arun Aggarwal Through Lrs on 23 January, 2023
2023.01.25
14:44:24 +0530
and Jaipur, Vivek Vihar; it is admitted that Plaintiff was engaged as an
Advocate to file petitions before Hon'ble DCDR Forum; that it was
Plaintiff who had advised Defendant to file executions for recovery of the
amounts in the exparte Decree passed in favour of Defendant in the year
2017; that Defendant had already paid a lot of money to Plaintiff for
miscellaneous expenses besides professional fee. It is denied that fee of
Rs.1 lakhs each for execution petition was settled between parties. In fact,
the legal fee settled between parties was 30% of the amount on its recovery
out of execution proceedings. It is contended that Plaintiff forced upon the
Defendant to issue a blank cheque No.000050 to him on the plea that it
would be filled after wining the execution petitions. It is stated that Plaintiff
was duly paid an amount of Rs.30,000/- as pleader's fee. Ld. Counsel for
defendants argued that there were several triable issues involved between
parties which required evidence. Ld. Counsel has placed reliance upon
judgment of Deepa Bhure and others v. Jai Kishan and another, CS(OS)
3324/2018 decided by Hon'ble Delhi High Court and Ramjas Foundation
and others v. Union of India and others, CA No.6662 of 2004 (DOD :