In this application for waiver of court fee under Section 21 of RDBFI Act, 1993, the DRAT ruled that Rule 8 of DRAT Procedure Rules, 1994 mandates fee payment for appeal memos and dismissed the application.
Appellant directed to deposit fee of Rs.20,000.00 within three weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
(Diary No. 203 of 2019)
(Arising out of O.A. 1046 of 2015 in DRT-1, Hyderabad)
THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA CHAIRPERSON
29.06.2022 M/s. Argus Cosmetics Limited … Appellant -Vs-
Dhanalaakshmi Bank … Respondent Mr. Debabrata Basu Ray, Learned Counsel for Appellant Ms. Moumita Ghosh, Learned Counsel for Respondent No. 1/Bank
Mr. P. Nanda Kishore, Learned Senior Counsel for Respondent No. 2
THE APPELLATE TRIBUNAL :
Application No. 296 of 2019
This is an application under Section 21 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 praying for waiver from paying the Court fee.
I have heard the Learned Counsel for the parties and perused the record.
Rule 8 of DRAT Procedure Rule of 1994 specifically provides that every Memo of Appeal under Section 20 of the Act shall be accompanied with fee, as provided under SubRule (2). The O.A. is decided ex parte for an amount of Rs.13,67,737.00. Accordingly, an amount of Rs.20,000.00
2
is to be paid by the Appellant as fee, as provided under Rule 8 of the Rules, 1994.
Application, being Application No. 296 of 2019 , could not succeed and is dismissed. Appellant should deposit the fee within a period of three weeks from date.
List the matter on 19th July, 2022 for hearing of Application No. 295 of 2019.
(Anil Kumar Srivastava,J) Chairperson
Dated: 29th June, 2022 05/ac
1 issue framed by the court
Whether waiver of court fee under Section 21 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 can be granted.
2 provisions across 2 enactments
Argus Cosmetics Limited
Dhanalaakshmi Bank
Anil Kumar Srivastava
As recorded by the court registry
8 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
