Debts Recovery Tribunals and Appellate Tribunals
Ghanshyamdas Gems vs PUNJAB NATIONAL BANK on 4 September 2024
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA Regular Appeal Dy. No. 510 of 2024
Ghanshyamdas Gems & Jewels -------- Appellant
Versus
Punjab National Bank -----Respondent
Order No. 7 04.09.2024
Ld. Advocate Mr. Ankit Chatterjee appears for Appellant and removes defect No. (ii) and (iii) asmentioned in registry bench order dated 03/07/2024which are as under:
Defect No.(ii): Submits that it has been shown from the records that the person affixing the appeal, namely Mr. Sanjay Kumar Agarwal, the Managing Partner was also the person who had filed the said Misc. Application in the Ld. Tribunal below and it was also submitted that the Managing Partner was also appearing in person and the order challenged also records the same. Thus, they join no issues with his competence.
Defect No.(iii): Files anwaiver application being I.A. No. 463 of 2024.
Regarding deficit court fee in respect of remaining defect No.(i) Ld. Advocate submits that order under challenge is an order passed in a Misc. Application filed in the Appellant here. It is submitted that while filing the Misc. Application before the Ld. Tribunal below, the Appellant had paid Rs.200/- in guise of Rule 13(1)(e). Thus, as the order under challenge is the Misc. Application’s order the court fees ought to be paid by the Appellant is Rs.200/-. Moreover, on consideration of Rule 13(1)(b) it can be seen that the court fee as provided under Rule 13(1)(e) shall be applicable in Section 18 Appeals. For result of the same, the court fees paid in Ld. Tribunal below is Rs.200/- and the court fees paid before the Hon’ble Tribunal in present case is also Rs.250/- which is sufficiently adequate. Ld. Advocate has also referred a judgment in 2009(SCC online)2001 regarding court fee in the matter.On perusal of the order it is observed that the referred case is related to a case arising out of interlocutory application in S.A.
However, it is observed that the instant appeal has been filed under regular appeal head challenging the order dated 10/05/2024 in M.A. No. 68 of 2023 arising out of S.A. 31 of 2014 in DRT-1, Hyderabad and both the M.A. and S.A. were disposed of by the Tribunal below. Hence, court fee of Rs.1,00,000/- (Rupees one lakh only) is applicable in the instant case.
The matter is declined to register due to non-payment of deficit court fee of Rs.99,750/-.
REGISTRAR