Fee waiver for refiling competition application rejected absent indigent circumstances or economic hardship.

Rule 4(3) of the Competition Appellate Tribunal (Form and Fee for filing Competition Applications) Rules, 2009 permits waiver of filing or refiling fee only in suitable cases where the applicant shows indigent circumstances or economic hardship. A plea based on an earlier unauthorised withdrawal by the chosen representative was considered, but the record did not establish any financial inability justifying relief. Authorities on fault of counsel were distinguished on their facts. The refiling fee was therefore held payable and the waiver request was rejected.

---

---

Issues: Whether the court fee of Rs. 3 lakhs for refiling the compensation application could be waived.

Analysis: The application for waiver was examined under Rule 4(3) of the Competition Appellate Tribunal (Form and Fee for filing Competition Applications) Rules, 2009, which permits waiver only in suitable cases where the economic condition or indigent circumstances of the applicant justify such relief. The plea that the earlier withdrawal was unauthorised and attributable to the conduct of the chosen representative was considered, but the record did not show any indigent circumstance or economic hardship warranting waiver. The precedents relied upon on the fault of counsel were distinguished on facts.

Conclusion: The request for waiver of the refiling fee was rejected and the fee was held payable.

---