Court fee in Karnataka State
vasudevan v
(Querist) 28 February 2010
This query is : Resolved
I am the Secretary of Commercial Banks Retd Employees Association from Chennai.
We have filed a suit in Bangalore regarding wrong payment of pension to those retired from INGVysya Bank under VRS. Mainly our contention is that pension rules adopted by the Board is not adhered to.5 years notional service is to be added in the case of VRS pension optees who have rendered service between 20 and 33 years as per rules but this is not done. Recently SC delivered judgment that the action of PSU banks in denying 5 years benefit under Reg 29(5) of pension rules was wrong and the benefit is now given in all PSU banks.
Pension rules are same whether PVT or PSU banks and there is no difference. We have paid court fee of Rs.25/- in civil court as the value is indeterminable at this time. Can any one clarify the liability of court fees if ultimately we win the case?
Can the court fee paid be recovered from the employer by way of cost under decree?
adv. rajeev ( rajoo )
(Expert) 01 March 2010
You will have to pay the court fee on the amount you will get.
Whether you have taken contention regarding the payment of CF in the plaint like this
" at present CF of Rs.25/- is paid on the plaint as per KCF and SV Act" or not?
adv. rajeev ( rajoo )
(Expert) 01 March 2010
If suit is decreed with cost then you can recover from the employer
vasudevan v
(Querist) 04 March 2010
We have taken a plea before the civil court that since the value of the suit cannot be predetermned, maximum value as per the Act i.e Rs.1000/- is taken and we have paid Rs. 25/- as court fee.
