Axis Bank v. Ram Ekwal Prasad and Ors.
Case brief
What is this about?
This interim order lists an appeal filed by Axis Bank against a Debt Recovery Tribunal order. The court noted the absence of a mandated Demand Notice and listed the matter for determination on court fee, pre-deposit, and admission without disposing of the case.
What the court decided
Appeal Dy. No. 183/2022
(Axis Bank Vs. Ram Ekwal Prasad)
12.05.2022
Shri Sanjay Kumar Gupta, Ld. Counsel for the appellant is present and provides Pin Code Numbers.
Ld. Counsel filed the instant appeal with court fee of Rs. 200/- only. Urgency Application has also been filed with court fee of Rs. 200/.Registry has pointed out that copy of Demand Notice issued by Bank has not been filed which is required for calculation of court fee.
Shri Sanjay Kumar Gupta, Ld. Counsel states that the instant Appeal has been filed against order passed in M.A. filed by the appellant under section 22 (g) in the court below. Hence, court fee of Rs. 200/- is sufficient in the matter. Ld. Counsel has placed reliance on Hon’ble High Court of Judicature at Allahabad order dated 06.08.2013 in C.M.W.P. No. 34076 of 2011 (M/s Jyoti Extraction Pvt. Ltd. and Anr. Vs. State of U.P. and Ors).
The instant Appeal has been filed against final order dated 22.04.2022 of DRT, Lucknow in M.A. No. 02 of 2022. The said M.A. was filed in DRT, Lucknow with prayer to set aside the dismissed in default order dated 02.09.2019 passed in S.A. No. 27 of 2016. Since, both the M.A. and the S.A. in which M.A. was filed in the court below had already been disposed of , it appears that court fee applicable on the Appeal filed against final order would attract.
No pre-deposit has been made. Waiver Application has not been filed. Ld. Counsel states that he will argue the issue of court fee and issue of predeposit before Hon’ble Court.
Issues for consideration
2 issues framed by the court
Whether the court fee of Rs. 200/- is sufficient despite the absence of a mandatory Demand Notice.
Whether an application for waiver or a pre-deposit of court fee is required for admission of the appeal.
Parties & counsel
- appellant
Axis Bank
- respondent
Ram Ekwal Prasad
Case details
As recorded by the court registry
All orders in this case
10 orders share this CNR
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