OFFICE NOTE FOR ORDERS

FROM: TO:
LEGAL SECTION THE CHIEF GENERAL MANAGER
CANARA BANK, CIRCLE HEAD
CIRCLEOFFICE, CIRCLE OFFICE DELHI
DELHI
REF: CODEL/LAW/ADVFEE/PS/2022 DATE: 07.06.2022

SUB - SCHEDULEOF FEE TO BE PAID TO PANEL ADVOCATES, SENIORADVOCATES REGARDING

VARIOUS LEGAL CHARGES

We observe that currently we are following old sectional circular dated 28.08.2008 for payment of
professional fee to our advocates for representing our bank before various courts and forums. Said
circular is very old and obsolete in the current scenario as it provides only for payment of fee with
respect to recovery cases filed by the bank. Now, considering the current scenario where the
scope of litigation is extended to a far extent and branches are experiencing various litigations
other than the recovery matters. In present scenario there are various claims/ reliefs sought
against the bank which requires professional guidance for safeguarding the interests of the bank.
Our present Sectional Circular does not provides for the quantum of fees in such matters.
Moreover there are frequent queries from the branches regarding schedule for payment of
advocate fee and various legal charges.

As per HO Cir 16412020, R & L Section, Circle Office shall evolve a schedule of fee payable to
Advocates for filing suits before various Courts/ Tribunals, keeping in mind the fee schedule
prescribed by the High Court within whose jurisdiction the Circle Office is functioning, with the
permission of Circle Head. Such schedule of fees shall be circulated among all Branches coming
under the Circle Office, through the respective Regional Offices. A copy of the said schedule shall
be forwarded to Legal Section, RL & FP Wing Head Office, for records.

In this regard we have reviewed the advocate fee payable in different Courts/Tribunals/Forum
under jurisdiction of Delhi Circle Office and we furnish here below the raised and consolidated
guidelines with regard to payment of Advocate's bills which is in supersession of all the earlier
sectional circulars issued by our section in this regards.

Bills where fees claimed by the advocate is within the approved limit/as per the Schedule of fee
as attached herewith, branches may pay fee to the advocates at their end without any prior
approval from R & L Section of Regional Office or Circle Office. Details of fee to be paid are
mentioned in Schedule to this office note.

Advocate fee schedule for DRT matters is already given in HO Cir 164/2020 dated 24.03.2020 and
same is to be followed. Further, branches shalt follow HO Circular no. 5512021 dated 30.01.2021
while making fee payment to Advocates.

Wherever complicated matters are involved and the advocates demand higher fee over and fee
claimed is beyond the prescribed fee schedule or services of senior advocate is required, the
professional fee is to be fixed and permission to be obtained from Legal Section, Circle Office,
Delhi or Legal Section Head Office (if beyond Circle Head Power) through Legal Section, Circle
Office.
 In view of the above, we may be permitted to revise the old sectional circular regarding payment
of Advocate fee.

As per HO Cir 164/2020, Circle Head is empowered to give permission to the evolved schedule for
fee payable to the Advocate.

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INDEX

1. Schedule 1 Fee for legal notice /Reply Of Legal Notice/ Any Other Draft

2. Schedule 2 Fee for obtaining Legal Scrutiny report cum NECfrom Advocates.

3. Schedule 3 Fees for Civil Suits other than DRT Cases.

4. Schedule 4 Fees in defending Injunction Suits/Litigation against Bank in Civil Courts.
5. Schedule 5 Fees Schedule For Representing Bank In Succession & All Other Cases
Before Civil Courts Where Bank Is Made A Formal Party.
6. Schedule 6 Fee for cases under section 138 of Negotiable Instrument Act (Cheque
Bouncing).
7. Schedule 7 Fees for Writs/appeals etc. before the Hon'ble High Court field by or
against the Bank.
8. Schedule 8 Caveat Charges & Additional Applications In High Court /Supreme Court
/ DRAT/DRT And Civil Courts.
9. Schedule 9 Fees Payable In DRT Matters
10. Schedule 10 Fees Payable For Filing Appeal Before Drat
11. Schedule 11 Fees Payable In DRT Matters Fees for Application under section 17 & 18
of SARFAESIACT, 2002 before DRT/DRAT.
12. Schedule 12 Fee in RC issued cases before DRT.
13. Schedule 13 Fees in Consumer cases.
14. Schedule 14 For Execution And Registration Of Lease Deed.
15. Schedule 15 For Rent Ejectment / Rent Control Cases And Other Premises Related
Cases At District Court.
16. Schedule 16 Fees for Meditation Proceeding.
17. Schedule 17 Fee Payable to Advocate engaged in NCLT Matters
18. Schedule 18 Miscellaneous/ actual expenses (include photocopy, postal expenses,
attestation, notary, affidavit etc.)

Branches are advised to negotiate the fee payable to the advocates to barest minimum in each
case within in prescribed schedule .

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SCHEDULE 1

FEE FOR ISSUINGLEGAL NOTICE/REPLY OF LEGAL NOTICE/ANY OTHER DRAFT

Existing fee as per Proposed Fee payable Proposed Fee payable

Sectional Circular to Advocate for issue to Advocate for reply
SI. Particulars
dated 28.08.2008 of Legal Notice/ Any of Legal Notice
other draft
Rs. 125/ - + actual Rs. 1500/- +10% Rs 2000 +10%clerkage +
For Liability up to
1 expenses clerkage + actual actual expenses.
Rs.20.00 Lakhs
expenses.
For Liability Rs. 125/ - + actual Rs 3000 + 10%clerkage
Up to Rs. 2000/ - +10%
above expenses + actual expenses.
2 clerkage + actual
Rs.20,00,000/ -up !
expenses.
to Rs. One Crore
For Liability Rs. 125/ - + actual Up to Rs. 2500/ - +10% Rs4000 + 10%clerkage
3 above Rs. One expenses clerkage + actual + actual expenses.
Crore expenses.
For Notice and
reply to Notice on -- Up to Rs. 4000/ -+ 10%
any other issue clerkage + actual
including Up to Rs. 3000/ -+ 10% expenses
4 premises, clerkage + actual
Consumer expenses.
Complaints or
otherwise on any
subject

SCHEDULE2

FEE FOR OBTAINING LEGAL SECURITY REPORTCUM NEC FROM ADVOCATES

Existing fee as per Sectional Proposed Fee payable to

SI. Particulars
Circular dated 28.08.2008 Advocate
1 Per property irrespective of Y2 % of the loan amount Rs. 6000/- to Rs 9,000/-
the loan amount sanctioned subject to a depending upon the work
maximum of Rs.25/- and a involved + Actual expenses as
maximum of Rs. 500/ -, per Schedule 18
2 relaxable depending upon the Rs. 9000/ - to Rs 12,000/-
work involved with prior depending upon the work
For Master LSR
perrmssion from the involved + Actual expenses as
sanctioning office. per Schedule 18
3 NECfor broken period Maximum Rs. 150/ - can be paid Rs. 1500/ - + Actual expenses
towards search fees. as per Schedule 18
4 Obtaining Certified Copy of Actual expenses + Rs. 500/-
Title Deeds per deed
For actual expenses please
refer Schedule 18

Note: The above fee excludes expenditure incurred by way of search receipt but includes all
other expenses including obtaining supplementary report from the same advocate.
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SCHEDULE3
FEESFORCIVILSUITSOTHERTHAN DRTCASES
SI. Amount or value of Existing fee as per Sectional Proposed Fee payable to
property, debt or Circular dated 28.08.2008 Advocate
damages
10% of amount or value of 15% of amount or value of
1 Not exceed Rs.25000/- property, debt or damages i.e. property, debt or damages
Rs.2500/- i.e. Rs. 3750/-
If exceed Rs.25000/- and 2500/- + 8% on remaining i.e. Rs. 3750/- + 10% on
2
not exceed Rs.50000/- Rs.2000/- remaining i.e. Rs.2500/-
If exceed Rs.50000/- and 4500/- + 4% on remaining i.e. Rs. 6250/- + 8% for
3
not exceed 1 Lakh Rs.2000/- remaining i.e. Rs.4000/-
If exceed 1 Lakh and not 6500/- + 2% on remaining i.e. Rs. 10250/- + 2% for
4
exceed 5 Lakhs Rs.8000/- remaining i.e. Rs.8000/-
If exceed 5 Lakhs up to 20 14500/- + 1% on remaining Rs. 18250/- + 1% on
5 remaining up to maximum of
Lakhs amount
Rs. 30000/-
1)1 of the fee payable in the The fee payable to the
6 For execution of decrees original suit. Advocates is 25%of the fee
paid in the Suit. Only half of
The fee payable to the the fee is payable
For appeals the fees shall Advocatesis 50%of the fee paid immediately i.e. (12 Vi %)on
be calculated at the rate in the Original Suit. Only half of filing of Execution
7 of Y2 of the fees as the fee is payable at the time Application. The remaining
calculated above in point of filling of appeal and balance half fee i.e. (12 Y2 %) shall
no. 1 to 5 half shall be payable on be payable on conclusion of
conclusion of the Appeal. the Execution Proceedings.
Application filed
under Under The -- 25% of the above as
8 Commercial Courts (Pre- mentioned in point no. 1 to
I Institution Mediation And 5
l Settlement) Rules, 2018
-- Y2 of the above as mentioned
9 SummarySuits
I in point no. 1 to 5

Note: Only half of the counsel fee is payable at the time of filing suit and remaining half fee
shall be payable after the suit is decreed and a copy of the decree is obtained and execution
of the decree has been filed by the advocate.

When suit are decided Ex-parte or without contest or Non-prosecution due to compromise
etc, only 75%counsel fee shall be payable. Apart from the above schedule of fee, clerkage +
out of pocket expenses.

Note: No separate charges should be paid for any work connected with the Suit, except as
specified above. However, actual expenses for typing, Photocopy, Affidavits, Notary
charges, Stamps and Postages etc incurred in connection with prepration &: submission of
pleadings before the court may be paid.

Note: Above schedule is also applicable to casesinstituted before Commercial Courts.

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FEES IN DEFENDING INJUNCTION SUITS! LITIGATION AGAINST BANK IN CIVIL COURTS

Existing fee as per

Proposed Fee payable to
SI. Particu lars Sectional Circular dated
Advocate
28.08.2008
For Filingl Defending Maximum Rs. 20,0001 - +10%
1
Injunctions Suitsl Claims - - clerkage and out of pocket
against Banks before civil expenses on actual basis
Courts (No Change)
Note: When SUIt are decided Ex-Parte or WIthout Contest or Disrnissed/ WIthdrawn due to
Compromise etc., only Half Counsel Fee shall be payable before Evidence stage. If Suit is
dismissedl withdrawn 1 compromised after Evidence stage, 50 % of the balance fee i.e. total
75%fee may be paid.

SCHEDULE5

FEESSCHEDULEFOR REPRESENTINGBANK IN SUCCESSION& ALL OTHER CASESBEFORE

CIVIL COURTS WHERE BANK IS MADE A FORMAL PARTY.

Existing fee as per

Proposed Fee payable to
SI. Particulars Sectional Circular dated
Advocate I
28.08.2008
For succession and all other --
Maximum Rs. 15,0001- 10%
1 cases before civil court where
clerkage + actual expenses.
bank is made a formal party.

SCHEDULE6 (Newly Added)

J
FEES FOR CASESUlS 138 OF NEGOTIABLE INSTRUMENTACT (CHEQUE BOUNCING).

SI. Particu lars Existing fee as per Proposed Fee payable to

Sectional Circular dated Advocate
28.08.2008
1 For cases filed by Bank u/s 138 Rs.10,0001- + 10%Clerkage
Cheque amount of upto
Rs. 20.00 lakh. --
2 For cases filed by Bank u/s 138 Rs.15,0001- + 10%Clerkage
Cheque amount of above Rs.
20.00 lakh upto One Crore
3 For cases filed by Bank u1s 138 Rs.20,0001- + 10%Clerkage
Cheque amount of above Rs One
Crore
--

Note: Only half of the counsel fee is payable at the time of filing suit and remaining half fee
shall be payable after the suit is decreed and a copy of the decree is obtained and execution
of the decree has been filed by the advocate.

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SCHEDULE 7 (Newly Added)

FEESFOR WRITS/APPEALS ETC. BEFORETHE HON'BLE HIGH COURT FILED BY OR AGAINST
THE BANK. (Newly Added)

SI. Existing fee as per Sectional Proposed Fee payable to

Particulars
Circular dated 28.08.2008 Advocate
Where Writ Petition fully Rs. 40000/-+ 10%clerkage
1 contested and finally --
disposed off
Where Notices received by
I Advocate, appearance made
and case argued on Bank's
behalf but no counter
2 affidavit! Reply filed or VI of the above fee in point
where writ is disposed at no 1 can be considered
admission stage or before the
counter is filled, VI of the
I above fee can be considered
I In cases where Bank is a
I
I Max Rs. 20000/- + 10%
formal or proforma party i.e.
3 clerkage
no relief against the Bank is
claimed

Note: This schedule is applicable for contesting the writ petitions, for filing of writ petition
permission from Circle Office to be obtained. For any additional interim application during pending of
the WP, an additional fee of up to Rs. 25001- can be considered depending upon the nature of the
petition and the relief sought.

SCHEDULE8
CAVEAT CHARGES& ADDITIONAL APPLICATIONS IN HIGH COURT /SUPREME COURT /
DRAT/DRT AND CIVIL COURTS.

SI. Existing fee as per Sectional Proposed Fee payable to

Particulars
Circular dated 28.08.2008 Advocate
For filing CAVEAT before Civil
Rs. 3,000/- per caveat +
1 Courtsl DRTIDRAT /High --
Court. actual expenses.
Caveat before Supreme Court
Rs. 5,000/- + actual
2 of India through Advocate on
expenses.
Record
For filing additional Rs. 5001- per application for
applications to be moved. For moving an application before
Upto Rs. 30001- for each
replies I rejoinders if any filed High Court.
3 application + actual
by our advocate against any
expenses.
MAliA filed by the opposite
party.

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 SCHEDULE 9
FEES PAYABLE IN DRT MAnERS

As per HO Cir 164/2020

I. Professional fees at 1% of the Claim amount with a rmmrnurn of Rs.12,500 and a

maximum of Rs.50,000 to Advocates who are appearing before DRTs in Metro Cities of
Delhi, Mumbai, Chennai, Kolkata and Bangalore.

II. The maximum amount of professional fees payable to the Advocates by Circles have
been enhanced to Rs.30,0001- irrespective of the fee schedule prevailing as per the
Civil Rules of Practice for that particular region (other than Metro Cities of Delhi,
Mumbai, Chennai, Kolkata and Bangalore).

SCHEDULE 10
FEES PAYABLE FOR FILING APPEAL BEFORE DRAT

SI. Particulars Fees in Delhi Fees in other Centres

1 Fee for Filing Appeal from the orders of Rs. 10,0001 - + actual Rs 10,0001 -+ actual
Recovery Officer to DRT Presiding Orders expenses Expenses

2 Fee for Filing Appeal before DRAT against Rs. 15,0001 - + actual Rs 15,0001-+ actual
an Interlocutory orders of DRT where expenses Expenses
issue do not relate to main relief in
Original Application.
3 Main Appeal against the Final Orders of Rs. 40,0001 - + 10% Rs. 25,0001 - + 10%
DRT before DRAT clerkage + actual clerkage + actual
expenses expenses

SCHEDULE 11
FEES FOR APPLICATION U/S 17 & 18 OF SARFAESIACT, 2002 i.e. S.A. FILED BEFOREDRT.
(Newly Added)
SI. Particulars Existing fee as per Proposed Fee payable to
Sectional Circular dated Advocate
28.08.2008
1 If the amount or value of debt Rs 10,0001 -+ actual Expenses
i upto Rs. 10.00 Lakhs.
2 If exceed Rs. 10.00 Lakh and not -- Rs 15,0001 -+ actual Expenses
exceed Rs. 50.00 Lakh
3 If exceed Rs. 50.00 Lakhs and Rs 20,0001 -+ actual Expenses
not exceed Rs. One Crore
4 If exceed Rs. One Crore Rs 25,0001 -+ actual Expenses

Note: Only half of the counsel fee is payable at the time of filing reply and remaining half fee
shall be payable after the conclusion of the application.
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SCHEDULE 12
PROPOSEDFEES RC ISSUEDCASESBEFORE DRT.
For obtention and execution of Recovery Certificate and any other proceedings before
Recovery Officer in DRT, additional fee amounting to 114th of the fee payable for conducting
DRT cases or Rs.10,0001 - whichever is higher. The above fee payable to advocate shall be
paid in the following manner:

a. 50% of the eligible fee while entrusting the matter for obtainment of Recovery
Certificate and filing necessary application before Recovery Officer for execution.
b. Balance 50% of the fee after executing Recovery Certificate and completion of
execution proceedings.
Note: For execution of the Recovery Certificate reasonable expenses incurred may be paid.

SCHEDULE 13
FEES IN CONSUMERCASES. (Newly Added)
Existing fee as per
SI. Particulars Sectional Circular dated Proposed Fee payable to
28.08.2008 Advocate

I Consumer Cases at District Upto Rs. 15,0001 - + 10%

1
Forum clerkage + actual expenses.
-- Upto Rs. 20,0001- + 10%
2 Consumer Cases at State Forum
clerkage
Consumer Cases before NCDRC Upto Rs. 35,0001- + 10%
3
(National Commission) clerkage
If Bank is made formal/Performa
I 4 party i.e. no relief is claimed 50% of the aforesaid fees
I
I against the Bank maximum fees can be payable

Note: Only half of the counsel fee is payable at the time of filing reply and remaining half fee
shall be payable after the conclusion of the application.

SCHEDULE 14
FOR EXECUTIONAND REGISTRATIONOF LEASE DEED.
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Existing fee as per

Proposed Fee payable to
Particulars Sectional Circular dated
I 51.1 Advocate
28.08.2008
The fee payable to the
1 Advocate for Execution and -- Rs.100001- + actual expenses
I Registration of Lease Deed

SCHEDULE 15
FOR RENT EJECTMENT I RENT CONTROL CASESAND OTHER PREMISESRELATED CASESAT
DISTRICT COURT.
 Existing fee as per
SI. Proposed Fee payable to
Particulars Sectional Circular dated
Advocate
28.08.2008
Rent Ejectment! Rent Control
1 Maximum Rs. 30,000/ - + 10%
Cases and Other Premises -- clerkage + actual expenses.
matters J

SCHEDULE 16
FEE FOR APPLICATION UNDERTHE COMMERCIALCOURTS (PRE-INSTITUTION MEDIATION
AND SETTLEMENT) RULES, 2018.
Existing fee as per
Proposed Fee payable to
SI. Particulars Sectional Circular dated
Advocate
28.08.2008
Application filed under Under
The Commercial Courts (Pre- -- Maximum Rs. 10,000/- + 10%
1
Institution Mediation And clerkage + actual expenses.
Settlement) Rules, 2018

SCHEDULE 17
Fee Payable to Advocate engaged in NCLT Matters

As per HO Cir 20712022, Reasonable Advocate fee shall be decided in consultation with Legal
Section of Circle Office and shall be placed to the authorities as per latest Revenue Powers
(other than Premises, Computers, Printing and Stationery)

SCHEDULE 18

MISCELLANEOUS& ACTUAL EXPENSESSUCHAS PHOTOCOPY, POSTAL EXPENSES,

ATTESTATION, NOTARY, AFFIDAVIT ETC.

On Submission Of Original Receipts, Actual Expenses May Be Paid 100% And Miscellaneous
Expenses May Be Paid Up To 75 %.

Typing/translation charges may be paid 100%.

• IN ADDITION TO THE FEE SCHEDULE MENTIONED ABOVE, ADVOCATES ARE ALSO

ELIGIBLE FOR INCENTIVESAS PROVIDEDBY OUR HEAD OFFICE FROM TIME TO TIME.

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