GOPAL KHANDELWAL Vs. RAMSARUP INDUSTRIES LTD.

JUDGEMENT

(1.) The Registrar, High Court, Original Side, is directed to cause an enquiry for delay in carrying out scrutiny of plaints as it appears to this Court that a shocking State of affairs is existing in the Department. It reveals that for several years the suits were kept pending without proper scrutiny. In large number of suits, plaints were presented without any Court fees or with insufficient stamp and no attempt has been made to recover the said amount to place it before the Court. In some suits with the leave of the Hon'ble Judge, the plaints were presented with undertaking to put in deficit Court fees. In one of these suits being CS No. 185 of 2012, the plaint was presented on 12th June, 2012 but the stamp reporter has filed a report on 22nd March, 2013. This delay is completely inexcusable and it only depicts the unsatisfactory State of affairs existing in the Department. It further appears that even the deficit Court fees have not been paid after assessment. The Registrar shall call for a report from the appropriate Department with regard to the delay in carrying out scrutiny of the plaints in general and shall place before this Court list of suits which fall in my determination where the deficit Court fees have not been paid and plaints have not been scrutinized. Although I have dismissed all the four suits (item Nos. 11 to 14 of today's list), it appears that in all the aforesaid suits proper Court fees have not been paid. In view thereof, learned Advocates-on-Record of the respective four suits namely, Mr. Anirban Tarafdar (CS No. 102 of 2012 and CS No. 109 of 2012), Mr. Arunabha Sengupta (CS No. 185 of 2012) and Miss Anee Ray (CS No. 328 of 2012), shall be given notice and they should be directed to pay the Court fees failing which they shall be personally liable to put in the deficit Court fees. The Stamp Reporter shall assess the Court fees of all the suits immediately. In suits where the Court fees have not been assessed as yet the Stamp Reporter shall assess the same and appropriate notices shall be sent to the respective Advocate-on-Record for compliance. However, in respect of the suits where Court fees have been assessed but not paid the Advocate-on-Record of the plaintiffs in such suits should put in the Court fees within the period of fortnight upon notice being served to such Advocates-on-Record. A comprehensive report shall be placed before this Court in the administrative side-on 8th of April, 2014. Scrutiny in respect of plaints presented on or before 31st January, 2014 shall be completed on or before 4th of April, 2014.