P.B.Mukharji, J. - (1.) This is a taxation matter coming on a Chamber Summons sent to me for disposal by way of transfer from the list of my learned brother Banerjee as question of taxation of fees paid to him as counsel has been raised in this appln.
(2.) The matter arises out of a mtge. Suit No. 298 of 1937 Gour Chand Mullick v. Praduymna Kumar Mullick. In that suit pltf. Gour Chand Mullick was appointed a Receiver. Pltf. Gour Chand Mullick employed Messrs. P.I. Mullick & Co , as the attorneys to act in that suit & signed a warrant of attorney in their favour. He also employed his said attorneys to act for him in his capacity as Receiver but he did not sign any fresh warrant of attorney as such receiver.
(3.) Two points arise for determination on this appln.: (1) The Taxing Officer by his report dated 14-2-1949 has held that the costs incurred by Messrs. P.I. Mullick & Co., as Attorneys for the Receiver cannot be taxed unless there is a proper order of the Ct. directing such taxation & from whom & from what estate that costs will come & has held that the Taxing Officer cannot act on an implied retainer without a specific order to do so. (2) The Taxing Officer has also disallowed two items of Counsel's fees: (a) he has disallowed 5 G. Ms. out of 10 G. Ms. paid to Mr. B.C. Ghosh, Counsel briefed on 4-1-1940 in respect of an appln. made in Chambers on behalf of the pltf. Gour Chand Mullick for payment to him as Receiver a certain sum of money. He has disallowed this item on the ground that there is no written consent of the said Gour Chand Mullick for payment of a fee of 10 G Ms. which was in excess of the maximum provided by the Schedule fixed in the Table of Fees given under Rule 32 (4) of the Taxation Rules under chap. 36 of the Original Side Eules of this Ct. (b) he has disallowed fees of 13 G. Ms. (10 G. Ms for the hearing & 3 G. Ms. for the consultation) being fees for hearing of the suit paid to Mr. S.N. Banerjee (Jr.) Counsel on 5-4-1938 Mr. Banerjee was briefed on the express instruction of the said Gour Chand Mullick at the hearing of the suit before Lort-Williams J. The case was called on & part heard on 5-4-38 & then adjourned till 26-4-38 when the brief was withdrawn from him on the express instructions of the said Gour Chand Mullick & made over to Counsel Mr. N.C. Chatterjee. This item of fees was also disallowed on the ground that there was no written consent of the said Gour Chand Mullick to pay two fees which taken together were in excess of the maximum fees as provided by the table of fees shown under chap. 36, Rule 32(4). (3). I propose to deal with the first point as to whether I should issue necessary directions for taxation of the Receiver's costs. That Gour Chand Mullick as Receiver employed Messrs. P. I. Mullick & Co. as his attorneys is to my mind beyond doubt. The letter of 28-4-1941 addressed to the attorneys Messrs. P.I. Mullick & Co. by one S Chatterjee who was a constituted attorney for the pltf. Gour Chand Mullick (as will appear from various proceedings affirmed by him as such) & who signed the letter for the pltf. Gour Chand Mullick is in the following terms. "Dear Sirs, Myself v. Pradyumna Kumar Mullick, Receiver's Account. I send herewith the Account Book & Statements including Vouchers. Please file the same & do the needful.";