Abhijeet Power Limited vs Rural Electrification Corporation Limited & Ors.

The respondent no.1 filed O.A. bearing no.608/2016 tilted as Rural Electrification Corporation Limited V JAS Infrastructure & Power Limited & others which was stated to be pending before DRT-II, Delhi. The appellant along with respondents no 2 and 3 also made counter-claim in the said O.A. but did not pay the requisite court fee. The defendants no.1 to 3 before DRT-II, Delhi filed an application bearing no.1058/2019 for seeking permission to make up the deficit court fee upon their written statement-cum-counter claim. The I.A. bearing no.1058/2019 was ordered to be dismissed vide order dated 02.04.2024. DRT-II, Delhi, after referring Section 148 CPC observed that beyond 30 days the time for depositing court fee cannot be extended.

The counsel for the appellant argued that DRT-II, Delhi has relied upon a wrong provision of law, i.e. Section 148 CPC in place of applicable provision as contained in Section 149 CPC which deals with payment of deficit court fee. It is further argued that in Section 149 CPC no time limit is prescribed to make up the deficit court fee. He argued that the impugned order dated 02.04.2024 is liable to be set aside and the appellant is entitled to get another chance to make up the deficit court fee.

The counsel for the respondent no.1 argued that the appellant and the other defendants despite several opportunities did not make up the deficit court fee and the present appeal is liable to be dismissed.

The perusal of the impugned order dated 02.04.2024 reflects that the appellant along with the respondents no.2 and 3 had sought extension of time for paying the court fee, which was more than two years. DRT-II, Delhi observed that beyond 30 days the time for making up the court fee cannot be extended. It appears that DRT-II, Delhi has placed reliance on Section 148 CPC rather the specific provision in Section 149 CPC to make up the deficit court fee. After considering all facts, the impugned order dated 02.04.2024 is set aside and the appellant along with the respondent 2 and 3 and other defendants who have filed counter-claim are granted time till 31.07.2026 to deposit the requisite court fee on the counter-claim.

The present appeal is accordingly decided.