M.P. POORV KSHETRA VIDYUT VITRAN COMPANY LIMITD Block No. 7 Shakti Bhawan, Rampur, Jabalpur Phone No , Fax No.
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1 M.P. POORV KSHETRA VIDYUT VITRAN COMPANY LIMITD Block No. 7 Shakti Bhawan, Rampur, Jabalpur Phone No , Fax No No. AS/PK/LS/M- 98 /702 Sub:- Professional fees of counsel. O R D E R Jabalpur, Date: In supersession of all previous orders relating to payment of professional fees and other incidental charges, the Company is pleased to decide that the professional fees and other incidental charges may be paid to the Senior Advocates/ Advocates, whenever they are engaged as counsel for Court cases and other jobs of various legal nature, as mentioned and specified in the schedule alongwith terms and conditions attached herewith. 2. The rates mentioned in the annexed schedule shall remain firm for a period of next two years from the date of issue of order % rise in these rates shall be made after expiry of every two years (except the rates covered by M.P. High Court Rules) till further orders. 4. These rates shall be applicable to the cases entrusted to the counsel on or after the date of this order. The payment for the cases/ jobs entrusted upto the date of this order shall be made as per the orders inforce at that time. Encl :- Schedule, Terms and H.C. Rules. BY ORDER ADDITIONAL SECRETARY M.P.POORV KSHETRA V.V. CO. LTD. No. AS/PK/LS./M- 98 /703 Jabalpur, Date: Copy to : 1. The ED (Works), MPPKVVCL, Jabalpur. 2. The Chief Financial Officer, MPPKVVCL, Jabalpur. 3. The CE(Commercial)/(Purchase)/(ADB-RGGVY)/(R-APDRP) /(FS) /(Store) / (Enforcement), MPPKVVCL, Jabalpur. 4. The CE(JR)/(SR)/(RR), MPPKVVCL, Jabalpur/Sagar/ Rewa. 5. The SE (O&M)/ City/ DCC Circle, MPPKVVCL,. 6. The Head (IT), MPPKVVCL, Jabalpur. 7. The EE(O&M)/ City Dn. MPPKVVCL, 8. The Sr. A.O, MPPKVVCL,. 9. The PS to MD(EZ), MPPKVVCL, Jabalpur. -For information & necessary action. Sr. LAW OFFICER M.P.POORV KSHETRA V.V. CO. LTD
2 PROFESSIONAL FEE ETC. PAYABLE TO COUNSEL ENGAGED IN COMPANY CASES S.No. Particulars Fee Payable Cases in consumer protection forum (i) District Forum (Consumer) Rs. 1,500/- irrespective of claim amount (ii) State Commission (Consumer) Original/ Appeals Rs. 3,000/- irrespective of claim amount both for original jurisdiction and appeals. (iii) National Commission (Consumer) Rs. 8,000/- irrespective of claim amount both for Original/ Appeals) 2. Railway Claims Tribunals (Constituted under the Railway Claim Tribunal Act 1987) 3. Arbitration Tribunal (Constituted under M.P. Madhyastham Adhikaran Adhiniyam 1983) original jurisdiction and appeals. As per Rule 523 of MP H.C. Rules. Rs. 1900/- per day subject to maximum of Rs. 15,000/-. 4. Private Arbitrations Rs. 1,900/- per day subject to maximum of Rs. 15,000/-. 5. Motor Accident Claims Tribunal (a) Case filed by the Company for damages (b) Claims for damages against the Company 6. Labour Court Cases (a) Civil/ Criminal Rs. 1,500/- 7. Industrial Court Cases (a) For appeals Rs. 2,500/- (b) For defence Rs. 1,800/- 8. Labour Cases in High Court (a) Petition/ defence 9. Service/ Civil Matter Or Other Appeals (A) In High Court decided on merits (B) Writ Appeal As per rule 523 of the M.P. High Court Rules. Rs. 1500/- provided that vehicle is duly insured other wise as per Rule 523 of H.C. Rules Rs. 7500/- (being appeals/writs) for Advocates. Rs.12,000/- for two or more clubbed cases. For Sr. Advocates, Rs.11,000/- each case and Rs. 15,000/- for two or more than two clubbed cases Rs. 7500/- (being appeals/writs) for Advocates. Rs.12,000/- for two or more clubbed cases. For Sr. Advocates, Rs.11,000/- each case and Rs. 15,000/- for two or more than two clubbed cases Rs. 7500/- for Advocates. Rs.12,000/- for two or more clubbed cases. For Sr. Advocates, Rs.11,000/- each case and Rs. 15,000/- for two or more than two clubbed cases (C) Review a) Rs. 3,400/- for Advocate. b) Rs. 6,700/- for Sr. Advocate
3 10. Service Matter Cases in Civil Court Rs. 3,400/- 11. Writs Withdrawn/Compromised not decided on merit 50% of the professional fee. 12. Commercial Cases Policy cases (in High Court) Rs.20,000/- 13. Purchase Cases (a) Policy cases (in High Court) For Advocates Rs. 7,500/-. Rs.12,000/- for two or more / clubbed cases. For Sr. Advocates Rs.11,000/- each case and Rs. 15,000/- for two or more than two/ clubbed cases. (b) Other cases (in District Court) As per High Court Rule 523 (c ) Withdrawn/ compromised 50% of the counsel fees 14. Misc. cases relating to electrical or nonelectrical As per Rule 523 of the High Court Rules. accident to outsiders departments employees 15. Injunction Cases Rs. 1,500/- 16. Taxation Cases a) Before the C.T.O. (Commercial Tax Officer) Rs. 2000/- b) Before the Appellate Authority Rs. 3000/- c) Assistant Excise Collector Rs. 2000/- d) Appellate Court Rs. 3000/- e) Income Tax Cases Assessment and filing of annual return, revised return/ appeal etc. of organization, i) Rs. 40,000/- for assessment & filing return. ii) Rs. 5,000/- for filing revised return. iii) Rs.12,000/- for appeal/review. iv) Rs. 700/- + Rs. 150/- fixed expenses for seeking exemption u/s 197 IT Act on TDS per case. v)rs. 32,000/- to C.A. for each assessment year s account of organization for conducting tax audit and furnishing tax audit report. 17 Land Acquisition Cases a) Before L.A.O. Rs. 1,500/- b) Before Higher Rs. 1,500/- authorities/ courts 18. M.P.E.R.C. a) Rs. 10,000/- per case for Adv. of Bhopal b) Advocate from Jabalpur Rs. 12,000/- per case. c) Sr. Adv. as approved by Company. 19. D.R.T. As per Rule 523 of High Court Rules. 20. Appellate Tribunal Rs. 15,000/- 21. Industrial Facilitation Council As per Rule 523 of High Court Rules
4 22. Succession Case a) District Court Rs. 1,500/- b) High Court Rs. 2,000/- 23. Misc. Civil Case a) Revision 100% fee equivalent to original case. b) Review Rs. 50% of original case c) Appeal (Civil) As per Rule 523 of High Court Rules. d) Misc. Appeal (Civil) As per rule 530(1) of High Court Rules e) Execution of Decrees As per Rule 530(3) of High Court Rules 24. Contempt Petition Rs. 7,000/- 25. (A) Unauthorized use of electricity before Appellate Authority (B) Unauthorized use/ theft cases before High Court a) Decided on merits Rs. 6,000/- b) Not decided on Rs.3,000/- merits (C) Theft of electricity (under EA) a) District Court b) High Court i) Decided on merit ii) Not decided on merit i) For LT Cases as per H.C. Rules. ii) For H.T. Cases- upto 1Crore-10,000 /- above1crore-20,000/- 1500/- 6000/- 3000/- (D) Prelitigation matter 250/- 26. Criminal Case (A) Trial Courts Rs. 2,000/- (B) High Court Rs. 3,000/- 27. Proforma Defendants Rs. 1,000/- 28. Case before the Revenue Courts a) Board of Revenue Rs. 2,000/- b) Revenue Authorities Rs. 1,800/- 29. Application Under Arbitration Act Applications & defence thereof Rs. 2,000/- 30. Caveats (Drafting & filing including misc. expenses) a) High Court Rs. 1200/-, for subsequent Rs. 600/- per caveat (including Misc. exp.) b) Civil Court Rs. 600/-, for subsequent Rs. 300/- per caveat (including Misc. exp.) c) Labour/ Industrial Court Rs. 600/- for subsequent Rs. 300/- per caveat (including Misc. exp.) 31. Opinion in cases a) Ordinary cases Rs. 2,000/- for Advocate including tax cases. b) Policy cases Rs.4,000/- for Sr. Advocates including tax cases
5 32. Drafting of Notices Rs.1,000/- 33. Clerical Office exp. Typing and Misc. exp. for all types of cases in all courts i)10% of Lawyers fee subject to minimum of Rs. 700/- in High Court and Rs. 400/- Distt./ Civil Court (except Caveat). ii)court fee on petition/ appeal/application, affidavit, vakalatnama, notary charges etc. on actual basis on production of bill. 34. Obtaining Certified Copies from Courts Rs. 200/- up to 5 pages on one side and thereafter Rs. 20/- per page. 35. Journey Expenses a) For Sr. Counsel AC Sleeper/ AC Ist Class/ Air (Economy Class) b) For Counsel other than indicated at (a) Ist Class/ IInd A.C. 36. Daily Allowances For Senior counsel Out of state Rs. 1,000/- per day or part of the day and within State Rs. 700/- per day or part of the day. 37. Accommodation Charges a) For Sr.Counsel Accommodation charges as admissible to Executive Directors of the Company subject to production of original receipts. b) For Counsel other than indicated at (a) Accommodation charges as admissible to Superintending Engineer of the Company subject to production of original receipts 38. Matter not covered in above or High Court Rules Case may be dealt on the analogy or/with separate approval of competent authority. 39. Supreme Court (A) Sr. Advocate (B) Advocate on Record/ Advocate (i) Fee for appearance (ii) Fee for drafting petition/ reply of petition As approved by the Company. i) For effective hearing a) Rs. 7,500/- per appearance for single case b) Total Rs. 11,000/- for two/ tagged / clubbed cases per appearance. c) Total Rs. 18,000/- per appearance in more than two / tagged / clubbed cases. ii) Non-effective hearing a) Rs. 1,500/- per appearance for single case. b) Total Rs. 1,500/- for two or more tagged / clubbed cases per appearance. a) Rs. 7,000/- for drafting in single case and additional Rs. 1,500/- for each tagged/ clubbed cases. b) Rs. 1,500/- for drafting of each Misc. appeal/ affidavit/ and Rs. 700/- for each tagged/clubbed cases
6 (iii)fee for Conference (iv) Clerkage c) Rs. 2,200/- for each rejoinder and Rs. 1,100/- for additional tagged/ clubbed case, if any. a) Rs. 4,000/- per conference by Advocate on record with Sr. Advocate. b) Rs. 2,200/- per case by Advocate on record with OIC of case and Rs. 4000/- for two or more similar cases. 10% of fee subject to maximum Rs. 10,000/-per case (v) Misc. Expenses a) Rs. 1,500/- for each case. b) Rs. 2,000/- for two / tagged / clubbed cases c) Rs. 3000/- for more than two cases (C) For Jr. Advocate (i) Fee for appearance i) Effective hearing a) Rs. 5,000/- per appearance for single case b) Rs. 7,000/- per appearance for two similar / tagged /clubbed cases. c) Rs. 10,000/- for appearance in more than two tagged/ clubbed cases. (ii) Fee for drafting petition/ reply of petition (iii) Fee for conference (iv) Clerkage (v) Misc. Expenses 40. Fee for appellate Tribunal/ ERC / Authorities at New Delhi (i) Fee for appearance ii) Non-Effective hearing a) Rs. 1,000/- per appearance for single case or more tagged/ clubbed cases. a) Rs. 3,500/- for single case. b) Rs,. 1,000/- for similar each additional case. a) Rs. 1,500/- conference with Sr. Advocate b) Rs. 1,500/- conference with Advocate on record per case. c) Rs. 1,000/- for additional two or more cases. 10% of professional fee subject to maximum Rs. 10,000/- a) Rs. 1,000/- for each case. b) Rs. 1,500/- for two similar cases. c)rs 2,000/-for more than 2 similar cases i) Effective hearing a) Rs. 11,000/- per appearance for single case. b) Rs. 16,500/- for two tagged/ clubbed case per appearance. c) Rs. 20,000/- per appearance in more than two / tagged / clubbed cases. ii) Non-effective hearing a) Rs. 1,500/- per appearance for single case. b) Total Rs. 1,500/- per appearance in two or more than two/ tagged/clubbed cases
7 (ii) Fee for drafting/ petition/ reply of petition (iii) Fee for conference (iv) Clearkage (v) Misc. Expenses a) Rs. 7,000/- for drafting single case. b) Rs,. 1,500/- for each tagged/ clubbed case. c) Rs. 1,500/- for drafting of each Misc. application/ affidavit and Rs. 750/- for each tagged/ clubbed case. d) Rs. 2,000/- for drafting + Rs. 1,000/- for each tagged/ clubbed cases. a) Rs. 4,000/- for conference by Advocate on record Advocate with Sr. Advocate. b) Rs. 2,000/- per case with OIC of the case. c) Rs. 3500/- for two or more tagged/ clubbed case 10% of professional fee subject to maximum Rs. 10,000/- a) Rs. 1,500/- for each case. b) Total Rs. 2,000/- for two/ tagged/ clubbed cases c) Total Rs. 3000/- for more than two cases - 7 -
8 Order No. AS/PK/LS/M- 98 /702 Jabalpur, Date: TERMS 1. Unless otherwise prescribed in above part of schedule the amount of fee shown in the schedule is upto the final judgment. 2. Taxi charges are not separately payable to counsel if he is accompanied with the OIC. The OIC shall bear such charges. In case the OIC does not accompany the counsel, taxi charges shall be reimbursed to the Advocate as payable to the Company s officers as per the Company s circulars. 3. OIC of the case must accompany the counsel, except in exceptional cases. 4. As far as possible only local counsel should be engaged. In exceptional cases out station Advocate could be engaged with due approval of the competent authority. 5. As is the practice prevailing in the Company, 50% of the counsel fee shall be paid to the Advocates as advance at the time of handing over the case and the balance 50% shall be paid after pronouncement of the judgment. But 25% of the fee shall be paid as advance in cases of electrical theft etc under Electricity Act, remaining 75% of fee shall be paid at the time of finality of the case. 6. Payment of fee to Counsel is to be made on production of Certified copy of order alongwith bill and opinion regarding further course of action to be taken in the case. No extra fees will be paid for such opinion at the finality of the case. 7. For indentical case, full fee will be paid in first case and 50% fee for other cases, if not prescribed in that particular order. 8. Sr. Advocate will be paid 1.5 times more fees than Advocate, if not prescribed. 9. If the case is argued/ attended by junior counsel, half fee shall be paid to him % of the fee will be paid for non-effective hearing whereas 100% fee will be paid for effective hearing, where ever it is not prescribed
9 Order No. AS/PK/LS/M- 98 /702 ***** Jabalpur, Date: Effective hearing means a hearing in which either or both the parties involved in a case are heard by the Court. If the case is mentioned and adjourned or only direction are given or only judgment is delivered by the Court then it would not constitute an effective hearing but will be termed as non-effective hearing. 12. The OIC of the case will watch about proceeding of effective or non-effective hearing and certify the same. 13. The fees prescribed in Company s order no dt and dt is including in this order and it will be dealt accordingly. The incentive however be payable as per earlier order dtd % rise in these rates shall be allowed after expiry of every 2 years except the rates covered by M.P. High Court Rules. 15. These rates shall be applicable to the cases entrusted to the counsel on or after issuing date of this order. 16. Service tax payable on professional charges will be paid extra by the Company and remitted to concerning department directly. In case it is claimed for past, it will be allowed till , on production of documentary proof thereof. ***** - 9 -
10 Order No. AS/PK/LS/M- 98 /702 Jabalpur, Date: HIGH COURT RULES M.P. CIVIL COURT RULES 523. In suits and appeals decided on the merits the fees ordinarily payable shall be calculated according to the following scale. i. If the value of the claim does not exceed Rs. 5,000/- 10 percent subject to minimum of Rs. 100/- ii. If the value exceed Rs. 5,000/- but does not exceed Rs. 25,000/- on Rs.5,000/- as above, and on the remainder 5 percent. iii. If the value exceed Rs. 25,000/- but does not exceed Rs. 50,000/-, on Rs. 25,000/- as above and on the remainder 3 percent. iv. If the value exceed Rs. 50,000/-, on Rs. 50,000/- as above, and on the remainder 2 percent subject to maximum of Rs. 7,500/-. Explanation : For the purposes of this rule, value of claim on any suit or appeal shall be taken to be the value stated in the plaint or memorandum of appeal except where the value has been in issue in the suit or appeal, in which case the value determined by the Court shall be taken to be the value of the claim. In cases in which the subject-matter of the claim does not admit of valuation or the pecuniary value of the right sought to be endorsed cannot be exactly defined, the fee may be calculated according to the valuation under Section 7, Act VII of 1870 for computation of the Court fees payable or a reasonable fee may be allowed, regard being had to the time occupied by the proceedings in the case and the nature of the question raised (1) In miscellaneous appeals the fee shall be one-half of the amount calculated according to the scale in rule 523 subject to a minimum of Rs. 20 in the High Court and Rs. 15 in the subordinate Courts. (2) (3) In other miscellaneous proceedings for the execution of a decree, the fee shall be fixed by the court with reference to the nature and importance of the proceedings, but shall not exceed one-exceed one-fourth of the amount calculated according to the scale in rule 523. *****
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