Process fee
Querist :
Anonymous
(Querist) 13 September 2011
This query is : Resolved
If A has filed Civil as well as Criminal suit against B at the address C, as per Bombay High court Process Fee Rules, 2006, Rs. 50/- process fee is to be paid at the institution of the suit, and no further process fee unless the name of B or address C has changed.
The above Rs. 50/- process fee is used for the issue of the summons, and after the service of the summons, if the warrant is order by the court against B having address C, the further process fee is not required to be paid as per Bombay High court Process Fee Rules, 2006.
If A apply for different mode of service like Registered post, the amount necessary for the same calculated at the prevailing postal rate shall be paid.
If A change the address of B, the further Rs. 50/- process fee is to be levied as per Bombay High court Process Fee Rules, 2006
(A) If the above contents are true then, Court can charge process fee Rs. 50/- for the issue of NBW against B after the service of summons without changing the mode or address of B ?
(B) Is there is any change in Process fee thereafter 2006, so far process fee is concerned in civil & criminal matter, once the Rs. 50/- is paid for the service of summons against B, court can charge further Rs. 50/- for the reissue of summons against B without changing mode or address of B ?
Reasons for above query, the Supritendant in Taluka Courts/staff ( especially at Panvel ) when they face the situation mentioned above in Para A & B hold the issue of the Summons or NBW for want of Rs. 50/- which has already been paid at the time of institution of suit, and matter sometimes delayed for years together in discussion and tracing the brief as the same is put aside with the remark " Process fee bharli nahi ".
As this the basic question for early proceeding for justice, needs the kind attention of the Registrar of Bombay High Court for further necessary guidelines as the same is the administrative inquiry or point should not come in way of justice.
Raj Kumar Makkad
(Expert) 13 September 2011
(A). Process fee of Rs. 50/- already deposited with the complaint shall be sufficient even for the issuance of NBW as no additional fee is required to be affixed thereto.
(B). There has been no change.
You can obtain this information in writing from the Superintendent of District Judge and provide it to the concerned court staff as and when such dispute starts and may even arrange a meeting for this purpose so that this issue may be resolved for ever.
