Appeal regarding objection to non-payment of court fees. Court noted RDB Act does not prescribe fees for appeals under Sec 30(1). Counsel submitted pro-rata fee need not be paid. Hearing deferred to keep fee question open pending order by Registrar.
Hearing postponed; question of court fee payment kept open pending order by Registrar.
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BEFORE THE DEBTS RECOVERY APPELLATE TRIBUNAL, AT: MUMBAI Present: Mr Justice Ashok Menon, Chairperson Appeal on Diary No. 642/2022
Between
Smt. Varshaben Hitendrakumar Gheewala … Appellant/s V/s. Bank of Baroda …Respondent/s
Mr. Puneet Gogad, Advocate for the Appellant.
-: Order dated: 06/09/2022:-
The matter is taken up for hearing by way of Praecipe filed on 01.09.2022 by the Appellant seeking urgent relief.
The Registry has raised an objection regarding the nonpayment of the court fees in full.
This is an Appeal filed by the third party who is challenging the order of the Ld. Presiding Officer in Appeal No. 4/2022 on the files of D.R.T.-II, Ahmedabad. The said Appeal was filed under Sec. 30(1) of the RDB Act and the Act does not prescribe the payment of court fees so far as the Appeal filed against the order under Sec. 30(1) is concerned.
The Ld. Counsel appearing for the Appellant, therefore, submits that the pro-rata fee need not be paid. The question of payment of court fees shall be kept open since there is no order made by the Ld. Registrar disallowing the submission made by the Appellant. Keeping the question of payment of court fee open, the Appeal shall be put up for hearing on diary number.
Post on 07.09.2022 for hearing.
mks-32
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1 issue framed by the court
Whether pro-rata court fees are required to be paid for an appeal filed under Section 30(1) of the RDB Act when the Act does not prescribe court fees.
1 provisions across 1 enactments
Smt. Varshaben Hitendrakumar Gheewala
Bank of Baroda
Ashok Menon
As recorded by the court registry
4 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
