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2013 Supreme(Mad) 1305

High Court of Judicature at Madras
R. SUDHAKAR, J.
United India Insurance Co. Ltd.
Versus
Sagicor Captial Life Insurance Co. Ltd. & Another
Application No. 1226 of 2013 in C.S.D.No. 26814 of 2012
Decided on: 13-03-2013

Advocates Appeared:
For the Applicant:N. Vijayaraghavan, Advocate.

The judgment emphasizes the challenges associated with obtaining and utilizing judicial stamp papers and highlights the need to consider alternative payment systems such as e-Court Fee payment.

Headnote:

Court Fee - Payment through Reserve Bank of India - Order XIV Rule 8 of the Original Side Rules, Section 151 CPC - e-Court Fee payment system - Delhi High Court instructions

Fact of the Case:

The applicant sought permission to remit a sum of Rs.48,00,000/- towards Court Fee in a suit for recovery of Rs.48,54,50,001/- with interest at 18% per annum towards reinsurance contract. The applicant faced difficulties in obtaining judicial stamp papers and proposed to pay the court fee through the Reserve Bank of India.

Finding of the Court:

The court acknowledged the difficulties expressed by the applicant and allowed the application, permitting the payment of court fee through the Reserve Bank of India on the basis of challan supplied by the Court.

Issues: Difficulty in obtaining judicial stamp papers, proposal for payment of court fee through Reserve Bank of India, implementation of e-Court Fee payment system.

Ratio Decidendi: The court recognized the challenges in obtaining and utilizing judicial stamp papers and deemed it appropriate to allow the payment of court fee through the Reserve Bank of India. The court also highlighted the need to consider implementing the e-Court Fee payment system, as demonstrated by the Delhi High Court.

Final Decision: The applicant was permitted to remit a sum of Rs.48,00,000/- towards Court Fee through the Reserve Bank of India, and the Registrar General was directed to consider the implementation of the e-Court Fee payment system.

JUDGMENT

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 mea

















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