Relying on Apex Court decision in R.D. Saxena Vs Balram Prasad Sharma from 2000, Apex Court again held that,
New India Assurance Co Ltd Vs A.K.Saxena on 7 Nov 2003This case is fully covered by a decision of this Court in R.D. Saxena V. Balram Prasad Sharma reported in [2000] 7 SCC 264 wherein this Court has held that advocates have no lien over the papers of their clients. It is held that at the most the advocate may resort to Legal remedies for unpaid remuneration. It has been held that the right of the litigant to have the files returned to him is a corresponding counterpart of the professional duty of the advocate and that dispute regarding fees would be a lis to be decided in an appropriate proceeding in Court.
Casemine copy:
New India Assurance Co Ltd Vs A.K.Saxena on 7 Nov 2003 (Casemine)Indiankanoon copy:
New India Assurance Co Ltd Vs A.K.Saxena on 7 Nov 2003 (Indiankanoon)Citations : [2004 ALLMR SC 5 18], [2003 AIOL 259], [2003 SCALE 9 531], [2004 AIR SC 311], [2004 BOMCR SC 3 753], [2004 SCC 1 117], [2003 SUPREME 8 128], [2004 FLR 102 99], [2004 LLN 1 446], [2003 ALR 53 810], [2003 SUPP SCR 5 387], [2004 JCR SC 2 54], [2004 MLJ SC 2 13], [2003 CTC 4 799], [2004 PLR 136 650], [2004 UJ 1 591], [2004 COMPCAS SC 120 284], [2003 ALL LJ 3062]
Other Sources :
https://indiankanoon.org/doc/463738/
https://www.casemine.com/judgement/in/5609ade6e4b01497114127c5
