An App called “
AdJourn “
DNA ( 30 July ) carried a report with following
headline :
“ BMC tracks counsels, to fire those
below par “
The civic body is using a software to
keep track of its 60,000 court cases
According to an official, the counsels’
performance will be monitored through the number of adjourn to date
“ We have found that counsels kept
running the case for years by getting new dates and continued to charge for
each appearance in court “ , said the official
Look at what I found at :
The BMC spent over Rs.100 cr in last 13
years as payment to lawyers, who represented the civic body in various court
cases. Majority of the cases pertained to illegal constructions and the highest
paid lawyer was senior counsel K K Sanghavi, who received Rs.19.13 cr as legal
fees from the BMC in last 13 years.
This was revealed in a Right to
Information (RTI) query filed by activist Anil Galgali.
The reply from the corporation further
showed that between 2001 to 2014, the BMC engaged 151 lawyers and paid them
Rs.105.06 cr as legal fees. The top10 lawyers whom the BMC paid the highest
fees were Sanghvi, Anil Sakhre, who was paid Rs.10.58 cr, G E Vahanvaty (Rs.4.9
cr), E P Bharucha (Rs.4.28 cr, S U Kamdar (Rs.3.65 cr), Ramesh Bhat
Rs.2.63 cr), Pallav Sisodiya Rs.2.06 cr), J Rais (Rs.1.85 cr, (B L Chabbria
(Rs.1.8 cr) and (Subhash Vyas (Rs.1.8 cr). These top 10 lawyers were paid a total of around Rs.51.88 cr, which
comes to 49.37% of the total expenses.
The law department of the BMC, however,
informed him that it does not have
record about the success rate of the cases. “Till now no such independent record is available
with the department,” the law department stated in the reply.
Now , there are 2 types of cases , viz:
TYPE A
Cases filed by others on BMC
Where BMC will save lawyer’s fees if “ No of hearing
dates “ are reduced . Call this a SAVING
TYPE B
Cases filed by BMC on others
Where winning that case would result in some “
Earnings “ for BMC . Call this a EARNING
Hence , the lawyer’s fees should be
decided based on SAVINGS ( in case of
TYPE A ) ,
Or EARNINGS
( in case of TYPE B ) – which accrue in the shortest possible time
Based on statistics for the past 10
years , BMC should compute , a FREQUENCY
DISTRIBUTION CURVE ( a BELL shaped
curve ) , for the “ No of Hearing
Dates “ and calculate the STANDARD DEVIATION ( Sigma ) and calculate ( + / - ) 3
SIGMA limits
That would tell the BMC , “ Most likely Number of Hearing Dates “ for any given case
Let us say , this figure comes out 20
And BMC already knows in advance , “
Lawyer’s fees per appearance “ ( say, Rs 5000 )
So , estimating exactly ( with a
probability of 99 % ) , HOW MUCH this case will cost , is a no brainer ! It
would be Rs 100,000 ( for 20 hearings )
Now tell the Counsel :
Sir , this is the Upper Limit of the amount that we will pay you ( Rs 100,000 ) for
fighting this case
But , from 10th “ date “
onwards , we will start deducting , Rs
5,000 per each additional hearing , beyond 10th ( - a PENALTY
),
And ,
For each date less than 10 ,
we will pay you a BONUS of Rs 5,000 !
And , we will DOUBLE the BONUS amount
so arrived , if you WIN the case !
Next witness a miracle !
All cases will start getting completed
in 5 hearings ! May be in months ,
instead of in years !
I have a feeling that , overall , BMC
will save crores of rupees ( despite paying BONUSES to lawyers ) , since it
would save a huge amount of TIME that its officers are currently spending in
courts ( - and earning TA / DA ! )
After reading this , do not be surprised
if some Start Up ( could be : MeetUrPro / LawRato / Vakilsearch / IndiaFilings / Vahura ) , comes up with a Mobile App called , “ AdJourn “ , to enable BMC
lawyers to enter the adjourned date in the App which instantly and
automatically , updates the CASE STATUS on the BMC web site and simultaneously , on
the web site of the
concerned court !
Call
this , “ Transparency at its Best “ ( -
also to judge the performance of the JUDGE ! )
With more than 30 million cases pending
in Courts all over India ,” AdJourn “ could change the very landscape of
India’s Legal Management System , if adopted by all the Courts !
This could be one more “ App for
Everything “ – which Shri Modi would love to launch !
20 Aug 2017
With Regards,
hemen
parekh
(
M ) +91 - 98,67,55,08,08
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