Kerala High Court
Seeking Direction To Accept The Suit To ... vs By Advs. Sri.Harish R. Menon on 22 August, 2016
Author: K.Ramakrishnan
Bench: K.Ramakrishnan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.RAMAKRISHNAN
MONDAY, THE 22ND DAY OF AUGUST 2016/31ST SRAVANA, 1938
OP(C).No. 1951 of 2016 (O)
------------------------------------------
SEEKING DIRECTION TO ACCEPT THE SUIT TO BE FILED BY THE PETITIONER
ON THE FILE OF SUB COURT, PARAVUR
-----------------------
PETITIONER(S) :
-------------------------
JOE-TECH PILE FOUNDATIONS,
ASHOKA ROAD, KALOOR, COCHIN 682 017,
REPRESENTED BY ITS PROPRIETOR, C.B.JOSHY,
S/O. K.A BHASKARAN, AGED 56 YEARS,
RESIDING AT CHAMARATH, ASHOKA ROAD, KALOOR,
COCHIN 682 017.
BY ADVS. SRI.HARISH R. MENON
SRI.K.T.SHYAMKUMAR
SMT.M.S.KIRAN
RESPONDENT(S) :
----------------------------
1. ATLAS GOLD TOWNSHIPS (INDIA) PRIVATE LTD.,
ATLAS CELESTIAL PARK, NAYATHODE, ANGAMALY,
PIN 683 572, REPRESENTED BY ITS MANAGING DIRECTOR,
M.M. RAMACHANDRAN, S/O. RUGMANI AMMA, MADHUKKARA,
MOOTHADATH, KOTTAPURAM, POOTHOLE P.O,
THRISSUR 683 572.
2. M.M. RAMACHANDRAN,
S/O. RUGMANI AMMA, MADHUKKARA, MOOTHADATH,
KOTTAPURAM, POOTHOLE P.O, THRISSUR 683 572.
ADDITIONAL R3 IMPLEADED
3. STATE OF KERALA,
REPRESENTED BY SECRETARY TO GOVERNMENT,
REVENUE DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM, PIN- 695 001.
* ADDITIONAL R3 IS IMPLEADED AS PER ORDER DATED 22.08.2016 IN
I.A.NO. 1079 OF 2016.
R3 BY SR. GOVERNMENT PLEADER SRI. S.GOPINATHAN
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 22-08-2016,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Msd.
OP(C).No. 1951 of 2016 (O)
---------------------------------------
APPENDIX
PETITIONER(S)' EXHIBITS :
EXHIBIT P1 A TRUE COPY OF THE PLAINT SOUGHT TO BE FILED BY
THE PETITIONER AGAINST THE DEFENDANT.
EXHIBIT P2 A TRUE COPY OF THE CIRCULAR DATED 07-04-2016.
EXHIBIT P3 A TRUE COPY OF THE JUDGMENT DATED 14-07-2016 IN
OP(C) NO. 1662/2016 IS PRODUCED HEREWITH AND MARKED AS.
RESPONDENT(S)' EXHIBITS :
NIL
//TRUE COPY//
P.A.TO JUDGE.
Msd.
K.RAMAKRISHNAN, J.
========================
O.P.(C) No.1951 of 2016
==========================
Dated this the 22nd day of August, 2016
JUDGMENT
The above petition was filed by the petitioner challenging the order returning the plaint directing the petitioner to pay entire additional court fee of 1% payable under Section 76 of the Kerala Court Fees and Suit Valuation Act as per notification under Article 227 of the Constitution of India.
2. The case of the plaintiff in the petition was that he filed a suit for recovery of money to the tune of Rs.71,65,477/- from the defendant. As per the Court Fees Act, the court fee payable is Rs.5,91,700/- and he need pay only 1/10 of the total court fee at the time of institution of the suit by virtue of Section 4A of the Court Fees Act and the amount payable as per the Court Fees Act will be only Rs.59,170/- for the purpose of filing the suit. But as per the new Finance Act, 2016 additional 1% court fee has to be levied towards legal benefit fund on the total value of the suit. As per the Court Fees Act, he is liable to pay only 1/10 of the same for the purpose of filing of the suit. But court below had O.P.(C) No.1951/2016 Page numbers returned the plaint stating that unless the entire additional 1 % court fee is paid towards legal benefit fund under Section 76, the plaint cannot be entertained. So the petitioner has no other remedy except approach this Court seeking the following reliefs.
i. To direct the Sub Court, Paravur to take the suit on to file and to number the same by permitting to remit one tenth of the court fee of 1% of court fee payable under Section 76 of the Court Fees Act, along with the one tenth of original court fee payable at the time of institution of the suit.
ii Pass such orders as deemed fit by this Honourable Court on the facts and circumstances of the case.
3. Considering the nature of reliefs claimed and also in view of Ext.P3 order passed by this Court in a similar matter, this Court feels that this petition also can be disposed of accordingly after hearing the counsel for the petitioner and the Government Pleader.
4. Heard Sri.Harish R. Menon, counsel appearing for the petitioner and Sri.S.Gopinathan, Government Pleader appearing O.P.(C) No.1951/2016 Page numbers for the additional third respondent. Notice to respondent is dispensed with as his presence is not required for the time being.
5. Sri.S.Gopinathan, Government Pleader appearing for the third respondent submitted that the intention of the legislature is to collect the entire additional court fee which is intended under Section 76 of the Court Fees Act for utilizing that amount towards legal benefit fund.
6. On the other hand, counsel for the petitioner submitted that even as per the Court Fees Act, they need pay only 1/10 of the amount under Section 4A for the purpose of institution of the suit. But now courts insists for remitting the entire additional court fee of 1% under Section 76 of the Court Fees Act for filing the suit which is not correct. He had relied on Ext.P3 judgment of this Court in this regard.
7. When a similar issue came before this Court in O.P.(C) No.1662 of 2016, this Court vide Ext.P3 judgment dated 14.07.2016 held that the additional court fee payable as per notification also forms a part of the total court fee payable by the plaintiff. Therefore, the court below is not justified in insisting the payment of full court fee contrary to statutory mandate under O.P.(C) No.1951/2016 Page numbers Section 4A of the Act and directed the Sub Court, Chavakkad in that case to admit the plaint on the basis of 1/4 court fee payable even in respect of the additional fee payable under Section 76 of the Court Fees Act as well on representation. This Court feels that the same principle can be applied in this case also.
So this petition is also disposed of in terms of the judgment of this Court in O.P.(C) No.1662 of 2016 as follows.
Sub Court, Paravur is directed to admit the plaint if it is otherwise in order on representation with1/10 of the additional court fee payable under Section 76 of the Kerala Court Fees and Suit Valuation Act along with the regular 1/10 payable under Section 4A of the Court Fees Act along with the plaint then court below is directed to admit the plaint and proceed with the suit in accordance with law.
With the above direction and observation this pn is disposed of.
Sd/-
K.RAMAKRISHNAN, JUDGE vdv/25/08/16