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Judgment
CM No. 9989/2012 (U/O 1 R 10 CPC).
This application is filed by All India Coordination Council of All Bar Associations, Delhi for intervention in the matter. The prayer made in this application is allowed. The CM stands disposed of.
W.P. (C) 4770/2012 and CM No. 9869/2012 (for stay).
Notice to show cause as to why rule nisi be not issued. Mr. Waziri accepts notice on behalf of respondent.
The petitioners challenge the vires of Notification dated 23rd July, 2012 vide which the Court Fees (Delhi Amendment) Act, 2012 has been notified thereby re-constructing the entire court fee schedule. One of the main contentions of the petitioners is that the Government of NCT of Delhi lacks legislative competence to pass such an Act. Reliance is placed on the Five Judge Bench judgment in Ms. Geetika Panwar and Delhi High Court Bar Association and Another Vs. Government of N.C.T. of Delhi and Others, and on Delhi Bar Association (Regd.) Vs. Union of India (UOI) and Others, . The issue raised, needs consideration.
That apart, the learned counsel has also produced copy of the letter dated 8th August, 2012 addressed by Dr. Ashok Kumar Walia to Shri Rajiv Jai, Chairman, Coordination Council of all Bar Associations, Delhi wherein it is assured that the government would look into the matter and also hold discussions with the Bar Associations and all concerned to resolve the issue at the earliest as highlighted by the Coordination Council.
Having regard to the nature of controversy, we are of the opinion that the government may take such steps for resolving the issues at the earliest and preferably within two weeks after holding discussions with the Coordination Council of all Bar Associations, Delhi as well as the petitioners as suggested in the letter dated 8th August, 2012. Considering that the enhanced court fee (which is under challenge) will be paid by members of public and refund to whom, in the event of the petition succeeding, will be impractical and on the contrary, the enhanced court fee, if upheld, can always be recovered, till that time, the operation of the aforesaid Notification is hereby stayed. List on 28th August, 2012.