Commercial Courts

              THE FREEMEN

Dear Brethren,

to,           Dated 16.4.2009

1.         State of Punjab through Secretary Legal              
             / Legislative affairs    

2.         Secretary legislative affairs, Ministry of Law 
            and Justice, 4^th floor, A Wing Shastri Bhawan, 
            New Delhi

3.         Hon’ble the Chief Justice P and H High Court.

SUB:   Amendment of court fees Act.

1.         The High Court of Punjab was established by a Letters Patent dated 21st March, 1919. It exercised jurisdiction over the provinces of the Punjab and Delhi. After partition of the Country, the High Court of Punjab started functioning from Shimla (1948) and was later shifted to Chandigarh in 1955.

2.         Since 1955 High Court of Punjab had exercised jurisdiction over Delhi and Himachal till these states had their own High Courts in the year 1966 & 1971 respectively. The sanctioned strength of High Court of Punjab, Delhi and Himachal is 68:48:10 respectively. Our High Court being oldest/largest must maintain its historic position. The state of Punjab thus must take lead in the matter of amendment of Court Fees which is in vogue since 1958.

PENDENCY OF CASES : PREVENTION IS BETTER THAN CURE

1.         Court fee on writs, inspections, Misc applications, civil/criminal revisions / etc are in vogue since 1958. It is thus necessary that courts fee schedules require urgent amendment. In DRT fee for inspections is Rs 100.00 per hour, In High Court it is Rs 2.00 unlimited. In DRT Fee for Misc application is Rs 250.00, in High Court it is Rs 2.75.

 

2.         Fee for Writ Rs 50.00 is in vogue since 1958. Prices / salaries have increased more than 50 times since then.

3.         Company petitions / appeals are a form of recovery proceedings as in DRT. In DRT/SERFRAESI application entails court fee based on amount of debt running in thousands. Every order of sale of property if challenged in appeal in DRT, court fee is Rs 20,000/- & 30,000/-. However the same sale challenged in Company appeal the court fee is Rs 13.00 only. It is serious abnormality.

4.         Fast track court / court of large commercial causes can be established with minimum court fee of few lacs.

5.         All matters involving monetary value of less than 2.0 lacs can be relegated to court of small causes or Lok Adalats.

 
6.         To prevent strike by Advocates fee schedule of advocates fixed under High Court rules & Orders should also be enhanced

Dated 16.4.2009                                 CA KD Aggarwal

                                                               Lawyer                                  

Note by author;  my fourth suggestion for establishment of commercial courts has also been accepted when Law Minister announced that Bill for establishment of commercial Courts shall be laid in parliament soon. See the link here for news;

http://www.tribuneindia.com/2010/20100802/nation.htm