Order XIV of the Supreme Court Rules, 2013: Payment into and out of Court of Suitors' Funds
Order XIV governs the deposit, custody, accounting and disbursement of money and securities in proceedings before the Supreme Court of India. It also addresses challans, payment orders, commissions and specified Registry fees.
The provisions below follow the fourteen rules in the supplied text. Court orders, applicable amendments and current Registry instructions should be checked before making any payment or seeking disbursement.
Procedure for deposits and withdrawals
A suitors' fund is money held under the Court's authority in connection with a case. A lodgment schedule identifies a proposed deposit; a challan is the payment instrument issued through the Accounts Branch; and a Certificate of Funds records the available balance and relevant claims or attachments.
Rule 1: Bank account for court deposits
Unless otherwise ordered, all moneys directed to be paid into this Court to the credit of any suit, appeal or other proceeding, shall be paid into the UCO Bank, Supreme Court Compound, New Delhi (or any other Nationalised Bank (s), as may be directed by the Chief Justice from time to time) (hereinafter referred to as 'the Bank'), into an account entitled 'Government A/c-P-Deposits and Advances-II Deposits Not Bearing Int.-(C) other Deposits A/cs Deptl. and Judicial. Deposits-Civil Deposits-Civil Court Deposits'.
Rule 2: Alternative modes of payment
Notwithstanding anything contained in rule 3, rule 4 or rule 5 the Registrar may, in appropriate cases, authorise the acceptance of moneys by demand drafts, banker's cheques or pay orders issued in favour of the Registrar and payable in Delhi or New Delhi by a Nationalised/Scheduled Bank, and direct that the said amount be deposited with the Bank, as provided by rule 1. On encashment, the date of tender in such cases shall be deemed to be the date on which the demand draft, banker's cheque or pay order is presented for encashment:
Provided that such tender by demand draft, banker's cheque or pay order is made a day prior to the due date.
Rule 3: Lodgment schedule
Any person ordered to pay money into Court shall present a lodgment schedule in the prescribed form to the Branch Officer of the Accounts Branch of the Registry for the issue of a challan to enable him to make the payment into the Bank. The lodgment schedule shall be accompanied by a copy of the order directing the payment or shall bear a certificate from the Registrar endorsed thereon as to the amount to be paid and the time within which the payment is to be made.
Rule 4: Challan and time limit
On presentation of the lodgment schedule, a challan, in duplicate in the prescribed form, specifying the amount to be paid and the date within which it should be paid, but in no case exceeding ten days from the date of issue of the challan, shall be issued by the Branch Officer, Accounts Branch, to the party directed to make the payment, who shall thereupon present the same at the Bank and make the payment. The Bank shall, on receiving payment, retain one copy of the Challan and return the other copy, duly signed and dated acknowledging the receipt of the money, to the person making the payment. The Bank shall not accept the payment if the amount is tendered beyond the date mentioned in the challan as the last date for payment.
Rule 5: Acknowledgment and credit
On production of the copy of the challan duly signed and acknowledged by the bank as aforesaid, the person making the payment shall be given credit in the books maintained by the Accounts Branch of the Registry for the amount paid into the Bank, and a receipt signed by the Registrar shall be issued to him and the said challan shall be retained in the Branch.
Rule 6: Register and control of funds
The Branch Officer of the Accounts Branch shall keep a register cause wise of all money, effects and securities of the suitors of the Court, which shall be ordered to be paid or delivered into or out of the Court. The purpose for which the deposit is made and the orders of attachment received, if any, of the funds, shall be duly entered in the register. No money shall be paid out of the funds in Court without an order of the Court.
Rule 7: Application for payment out
Where a party seeks payment out of any moneys in Court he shall present an application to the Court for an order for payment. The application shall be accompanied by a Certificate of Funds signed by the Registrar showing the amount, if any, standing to the credit of the suit, appeal or other proceeding from which payment out is sought and the claims and attachments, if any, subsisting thereon on the date of the certificate.
Rule 8: Disbursement procedure
Upon an order being made for payment out, the party in whose favour the order is made shall apply to the Registrar for payment to him in accordance with the said order. The Registrar shall thereupon issue an order for payment in the prescribed form for the amount to be paid in favour of the party entitled to payment. The payment order shall be endorsed at the same time on the original challan received from the Bank. The payment order together with the challan duly endorsed for payment shall be handed over to the party entitled to payment who shall present the same to the Pay and Accounts Officer, Supreme Court of India, New Delhi and obtain payment Where however the entire amount of the challan or the entire balance remaining unpaid there under is not to be paid out to the party, the original challan shall not be handed over to him, but only a copy thereof endorsed for payment shall be given to him for presentation to the Pay and Accounts Officer, Supreme Court of India, New Delhi, the original challan being retained in the Accounts Branch until the funds are fully paid out.
Rule 9: Commission
Where a party seeks payment of the monies or securities paid to the Registrar or deposited with him, a commission will be recovered from it at the rate of one per cent and two per cent respectively on the principal amount and the interest drawn on the invested money:
Provided that the maximum commission payable shall not exceed Rs. 15,000/-.
Rule 10: Monthly reconciliation
The Branch Officer, Accounts Branch, shall check and tally the accounts maintained in the Branch every month with the monthly statements of receipts and payments to be received from the Pay and Accounts Officer, Supreme Court of India, New Delhi and the Registrar shall certify under his signature every month that the accounts have been duly checked and tallied.
Rule 11: Advocate-on-record registration fees
Fees relating to the registration of Advocate-on-Record shall be paid into the Bank, to the credit of an account entitled 'XXI-Administration of Justice Receipts of the Supreme Court'.
Rule 12: Advocate clerk registration fee
Fees of Rs. 100/- shall be payable for registering a clerk of an Advocate or a firm of Advocates.
Rule 13: Replacement identity card fee
Fees of Rs. 50/- shall be payable on requisition for issue of an identity card in substitution of one that is lost or damaged.
Rule 14: Photographs and maps
Where a party seeks photograph copies or copies of maps filed in any matter he will be liable to pay the actual charges to be incurred for the same (to be deposited in cash)
Practical considerations
Before depositing funds, verify the precise order, permitted payment method, current bank instructions and payment deadline with the Supreme Court Registry. For release of funds, the applicable court order and Registrar's Certificate of Funds are central to the process. Fees and account details appearing in the Rules should also be cross-checked against any later notification or direction.
Official Supreme Court resources
Refer to the Supreme Court Rules and amendments, FDRs and deposits and official notices and circulars for authoritative updates.