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2021 Supreme(Del) 1375

J. R. MIDHA
Juhi Chawla – Appellant
Versus
Science And Engineering Research Board – Respondent


Advocates appeared:
Tushar Mehta, Advocate, Amit Mahajan, Advocate, Kanu Aggarwal, Advocate, Dhruv Pande, Advocate, Anurag Ahluwalia, Advocate, Abhigyan Siddhant, Advocate, Nitnem Singh Ghuman, Advocate, Arjun Mitra, Advocate, Kapil Sibal, Advocate, Manjul Bajpai, Advocate, Shashwat Bajpai, Advocate, Deepak Khosla, Advocate, Juhi Chawla Mehta, Advocate, Veeresh Malik, Advocate

JUDGMENT

J.R. Midha, J. -

1.I.A. No. 6905/2021 under Section 149 of CPC

1. The plaintiffs have affixed Court-fees of Rs.1,950/- on the plaint on the ground that the plaintiffs intend to challenge the Court-fees Act. According to the plaintiffs, if the justice dispensation system requires around 15-20 years for settlement of a suit, the Court has lost the moral as well as legal right to require the Court-fees to be paid upfront at the beginning of the suit. The plaintiffs further intend to challenge the Court-fees Act in terms of the original intent of the Act being to recoup the costs for administration of justice, whereas the present system is such that the inflow of the Court-fees far exceeds the amount spent by the State on providing the infrastructure to dispense justice. Relevant portion of the application is reproduced hereunder:

    "3. That the suit has been filed by affixing court fees of Rs. 1,950 for the present, and the plaintiffs / applicants seeks time to deposit the balance (if any).

      4. That it is also their intent to challenge the Court Fees Act on the grounds, inter alia, that if the justice dispensation system requires around 15-20 years for settlement of a suit, it has

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