Bombay High Court
GANESH VENKAT GADEKARversusRAJENDRA PRABHAKAR GADEKAR
- Disposal
- Transfer to other court
- Bench
- ABHAY S WAGHWASE
Holding
The fees of the appointed advocate are to be paid through the High Court Legal Services Sub‑Committee, Aurangabad, as per the Rules.
Summary
In Criminal Appeal No. 608 of 2019, the respondent was represented by an advocate appointed by the High Court. The learned counsel highlighted that an order dated 18-03-2026 transferred the matter to the District and Sessions Court, but the advocate's fees were not quantified in that order. The respondent sought clarification on the payment of the advocate's fees following the transfer. The Court noted that, as the case has been transferred, the payment of the appointed advocate's fees must be made through the High Court Legal Services Sub‑Committee, Aurangabad, in accordance with the applicable rules. Consequently, the Court directed that the fees be paid via the Sub‑Committee, thereby resolving the procedural issue concerning remuneration.
Issues considered
- Whether the fees of an advocate appointed by the High Court to represent a respondent in a criminal appeal, after the case is transferred to a District and Sessions Court, should be paid through the High Court Legal Services Sub‑Committee.
Subjects
- Legal Services
- Advocate fees
- Transfer of case
- High Court
- District and Sessions Court
- Criminal appeal
Judgment
2026:BHC-AUG:20049
{1} CR APPEAL 608 OF 2019 updated
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
936 CRIMINAL APPEAL NO. 608 OF 2019
GANESH VENKAT GADEKAR
VERSUS
RAJENDRA PRABHAKAR GADEKAR
…
Advocate for Respondent : Mr. Mahesh K. Bhosle (Appointed)
…
CORAM : ABHAY S. WAGHWASE, J.
DATE : 05 MAY, 2026
ORDER :-
1. Not on board. Taken on board.
2. The learned counsel for respondent submits that vide order
dated 18-03-2026, present matter is transferred to the learned
District and Sessions Court. He submits that he was appointed by
this Court to represent respondent, however, his fees is not quantified
in the aforesaid order.
3. In view of above, as the present matter is transferred to the
District and Sessions Court vide order dated 18-03-2026, the fees of
the learned Advocate appointed to represent respondent is to be paid
through the High Court Legal Services Sub-Committee, Aurangabad,
as per Rules.
( ABHAY S. WAGHWASE )
JUDGE
SPT
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