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2024 (3) TMI 761 - AT - Companies LawSeeking waiving off the payment of Court fees in refiling the Compensation Application against the order of the Competition Commission of India - Section 26(2) of the Competition Act, 2002 - HELD THAT:- Rule 4(3) of the Competition Appellate Tribunal Rules, 2009 provides for waiving the fee, taking into consideration the economic condition or indigent circumstances of the Appellant. Herein, it is claimed that the “Advocate” was not really an Advocate and he withdrew the Compensation Application without the instructions from the Appellant. Also relying upon the judgment of Hon’ble Apex Court in RAFIQ AND ANOTHER VERSUS MUNSHILAL AND ANOTHER [1981 (4) TMI 255 - SUPREME COURT] and also of the High Court of Madhya Pradesh in SOHANLAL ARYA VERSUS THE STATE OF MADHYA PRADESH [2019 (11) TMI 1816 - MADHYA PRADESH HIGH COURT] it is claimed that his fee, may be waived for filing the Appeal. In the first judgment of Rafiq & Anr. relied upon by the Appellant, it is noted that there was an ex-parte order of dismissal of Appeal, which was passed by the Hon’ble High Court on non-appearance of Appellant’s Learned Counsel on the date of Hearing and the application, was made by the Learned Counsel for Recalling the Order and for permission to participate in the hearing of the Appeal, rejected on ground of unexplained delay in presenting the Application to the Court. The Hon’ble Apex Court held that rejection of the Application was not justified as a Party, should not suffer for the inaction, deliberate, omission or misdemeanour of his agent i.e. the Lawyer. The case relied upon is distinguished in the sense that the Lawyer, did not appear and defaulted, but, in the instant case, he was very much present in the Hearing, and the Appellant, was also fully aware of the proceedings. Even assuming that the Appellant, was not aware of the fact that Mr. Sumit Jain, was not an Advocate or Chartered Accountant, Company Secretary or Cost Accountant, and he withdrew the Compensation Application, without instructions of the Appellant, waiver of fee, in re-filing the Compensation Application, has to be justified, as per the Rule 4(3) of the Competition Appellate Tribunal Rules, 2009, which provides for waiver, after taking into consideration the economic condition or indigent circumstances of the Appellant. Having gone through the Appellant’s submissions, this Tribunal, does not find any such economic condition or indigent circumstances, which justifies the waiver of the fee. Therefore, the Fee for Re-filing the Compensation Application, cannot be waived. Application dismissed.
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