Pundalika Achyutha Bhat 11 November 2022

Court fees for dispute application as per mcs act, rules and byelaws

I want to file a Dispute Application against my co-operative housing society for irregularities observed in its working. This has caused me financial loss as also made me to incur other expenses like Legal Consultancy Fees, Traveling expenses, Printing and stationery expenses etc., etc. I have ascertained my claim at ₹ 43,000=00. I have referred the chart meant for Court Fees stamps as per MCS Rules and Byelaws. But I was unable to find out the correct amount of Court Fees stamps to be affixed to my Dispute Application before submitting the same with the concerned Taluka Assistant Registrar of Co-operative Societies. So looking for the guidance and help as to the figure of Court Fees stamps to be affixed to my Dispute Application.

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4 Replies

kavksatyanarayana (subregistrar/supdt.(retired)) 11 November 2022

Go to the court in your area and ask them or consult a local lawyer as the stamp duty vary from one State to another state.

Pundalika Achyutha Bhat 11 November 2022

My query was with reference to MCS Act Rules and Byelaws as applicable for Maharashtra State. I expect the Legal experts from Maharashtra will reply my query.

Dr J C Vashista (Advocate) 12 November 2022

You may appreciate the fact that this site is worldwide and not confined to Maharashtra.

It would be better to consult a local prudent lawyer practicing MCS Act / Rules.

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 12 November 2022

The Maharastra Co-operative Society Rules : -

Rule No 86. Payment of fees for decisions of disputes

(1) The Registrar or the Co-operative Court, as the case may be, may take a dispute on file only if the application regarding reference for such dispute in Form P is affixed with the court-fee stamps at the following scales, namely:-

[(i) Simple money claims:-10

(a) When the amount of the claim in dispute does not exceed Rs. 5,000

11[(b) When such amount exceeds Rs. 5,000 but does not exceed Rs. 1,00,000

...Rs. 100 plus one percent of the amount of claim in dispute subject to the maximum of Rs.1,000.

... Rs. 1,000 plus 1/2 percent of the amount of claim dispute subject to the maximum of Rs.10,000]

(ii) Complicated money claims:-

(a)does not exceed Rs. 5,000

12 (b) When such amount exceeds Rs.5,000 but does not exceed Rs. 1,00,000

(a) When the amount of the claim in dispute

200

... Rs. 200 plus two percent of the amount of claim in dispute subject to the maximum of Rs.2,000

13 [(iii) Application, appeal, review and revision applications presented before the concerned authority or Court under sections 23, 35, 97, 149, 150, .152 and 154.... Rs. 2,000 plus 1 percent of the amount of claim in dispute subject to the maximum of Rs.15,000.]
Rs. 100