Madras High Court
R. Sudhakar vs Unknown
Application No.1226 of 2013 in C.S.D.No.26814 of 2012 R. SUDHAKAR,J., This Application is filed under Order XIV Rule 8 of the Original Side Rules, read with Section 151 CPC, praying to permit the applicant/plaintiff to remit a sum of Rs.48,00,000/- towards Court Fee in the above suit by Reserve Bank of India Challan payment.
2. Heard Mr.N.Vijayaraghavan, learned counsel appearing for the applicant/plaintiff.
3. The suit is for recovery of Rs.48,54,50,001/- together with interest at 18% per annum towards reinsurance contract.
4. The application has been filed to pay Rs.48,00,000/- (Rupees Forty Eight Lakhs only) payable as court fee through the Reserve Bank of India to the credit of the Government of Tamil Nadu under the Head Court Fee and to direct the High Court Registry to issue challan for the above purpose. On payment of Court Fee by way of challan through the Reserve Bank of India the applicant may be permitted to attach the original challan along with the plaint in proof of payment of the court fee payable on the plaint.
5. The cause of action for filing the present application is on the ground that the Sub Treasury Office, Chennai, who is the authorised person to supply the judicial stamp paper, pleaded inability to furnish the judicial stamp paper to the value of Rs.48,00,000/-. The applicant further states that it will be cumbersome process to attach the hundreds of judicial stamp papers which is not only causing difficult task considering the fact that the maximum value of judicial stamp papers is only Rs.5,000/-, but will also result in wastage of papers. Therefore, the present application has been filed seeking permission to pay court fee through the Reserve Bank of India and on the basis of challan supplied by this Court to the credit of the Government of Tamil Nadu.
6. Considering the submission made by the learned counsel for the applicant as above and taking note of the report given by the Registrar General that presently there is no provision for payment of e-Court fee which will dispense with the undue usage of judicial stamp paper, the plea needs consideration appropriately. Taking note of the difficulties expressed by the applicant/plaintiff in purchasing the huge quantity of judicial stamp papers and filing it, this Court deems it proper that the application as above should be allowed entitling the applicant to pay the court fee to the Government of Tamil Nadu through the Reserve Bank of India on the basis of the challan furnished by this Court. Accordingly, the following order is passed:-
(1) The applicant/plaintiff is permitted to remit a sum of Rs.48,00,000/- towards Court Fee in the above suit on the basis of challan to be supplied by the Registry of this Court to the credit of the Government of Tamil Nadu in Application No.1226 of 2013 in C.S.DNo.26814 of 2012. (2) For the above purpose, the Registry is directed to issue challan on the basis of this order. (3) The office is directed to number the plaint on production of the challan in proof of payment of court fee paid through the Reserve Bank of India to the account of Government of Tamil Nadu as above. (4) The applicant/plaintiff is permitted to pay the court fee as above by way of cheque to M/s.The Reserve Bank of India.
7. In this regard, it is to be noticed that a number of high value suits that are filed before this court and in all civil courts including Motor Accident Claims Tribunal in the District. A huge volume of judicial stamp papers is consumed while paying court fee. This creates unwanted stock of defaced judicial stamp papers which occupy a huge space in all courts. The bundle of judicial stamp papers after lodging serves no purpose except occupying valuable court space. If the huge volume of judicial stamp papers is dispensed with, the space can be better utilised. If use of judicial stamp papers is dispensed with by adopting e-Court Fee, then the court bundle also will get reduced and the time wasted to deface the stamp paper can be better utilised. It will be a welcome measure considering the huge volume of cases filed. In this regard it is to be noticed that the Delhi High Court has introduced e-Court Fee payment system through M/s.Stock Holding Corporation of India Limited, (all India Integrated Financial Services) for payment of court fee. It was inaugurated on 28.11.2012. Taking note of the above factors, this court is of the view that the said e-Court Fee payment system should be adopted for Madras High Court as well in all civil Courts including Motor Accidents Tribunal in the District.
8. The important instructions issued by the Delhi High Court relating to e-Court Fee payment is extracted hereunder for reference:-
e-COURT FEE COUNTER, GROUND FLOOR, LAWYERS CHAMBER BLOCK-III DELHI HIGH COURT: NEW DELHI IMPORTANT INSTRUCTIONS:
1. Please keep records of all the e-Court fee receipt numbers.
2. e-Court Fee receipt of any denomination can be obtained from the counter.
3. Please keep e-Court fee receipt till it is used & locked.
4. Court officials will lock court fee receipt on presentation so that the respective court fee can't be reused.
5. In case e-Court fee is lost, it cannot be blocked and/or re-issued as in the case of physical court fee stamp.
6. e-Court fee would be issued immediately against cash. Please don't leave the counter without taking e-Court Fee Receipts.
7. e-Court fee Receipts can also be issued against Cheque/DD/Payorder/RTGS/NEFT subject to realisation of funds.
8. Cheque/DD/Payorder to be drawn in favour of SHCIL E COURT FEES For RTGS/NEFT A/C Number ........................., IFSC Code ......................, MICR Code ..................... & Beneficiary Name SHCIL E COURT FEES, Bank Name ............... Bank.
9. Please quote your RTGS/NEFT number along with other required relevant details.
10. For all payments made via Debit/Credit Card, bank charges (if any) will be levied to respective buyer at actuals. The copy of the instruction given by the Delhi High Court relating to e-Court Fee payment is enclosed along with the copy of this order.
9. The Registrar General of this Court is directed to place the matter before the Hon'ble the Acting Chief Justice for considering the implementation of the e-Court Fee payment system at the discretion of the Hon'ble Acting Chief Justice.
10. The Application No.1226 of 2013 is ordered as above. Three weeks time is granted for payment of court fee as above.
13.3.2013 Office to note:
Issue copy on 15.3.2013 Copy to:
The Registrar General, High Court, Madras. - For taking further steps ts R.SUDHAKAR,J., ts Order in A.No.1226 of 2013 in C.S.D.No.26814 of 2013 13.3.2013