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P V Namjoshi (     05 October 2015

Processing fees

1. Presently I would make one suggestion to be added in   the High Court Rules and Orders.


2. It is well-known fact that a case reaches to a Board only after it passes through many desks and huge manpower is engaged to get such work done. The judges, advocates, clients and the staff in the courts are well aware about such process. However advocates seek adjournments and after considering the prayer the courts grant adjournments. To grant adjournment on this or that ground is one thing but even then processing labour is not reduced.


3. It is therefore if a bare adjournment is sought on the ground that advocates are not prepared for work in the case or order of the court is not complied with and time is granted on such count or like other grounds in addition to the costs which the court concern may impose 'processing fees' of Rs. 100/- (One hundred) may be leveled on each case and such fees may be revised every two years. Ultimately the government has to pay, pay and allowances to the staff members of the High Court for doing the work of processing and much time is consumed on it.     


4. The ways and means for recovery of such fees and getting the amount deposited in the court may be ascertained by the High Court. The cash section should receive such amount as and when the party or advocate makes such deposit without verifying the order of the court.


5.  In this respect it may also be added in Rules and Orders that such processing fees shall be condition precedent and if such fees is not deposited by the party concerned the court concerned may pass suitable orders and if time is granted on the request of the party the amount of processing fees should be twice the amount. 





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