Sanjay Singh v. Indian Bank and Ors.
What the court decided
A compact analysis
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Appeal Dy. No. 435 of 2022
(Sanjay Singh Vs. Indian Bank and Ors.)
Date: 27.07.2022
Mohd. Azad Khan, holding brief of Shri Alok Rai, Ld. Counsel for the appellant is present.
The instant Appeal is filed under section 18 of the SARFAESI Act against final order dated 20.06.2022 of DRT, Patna in S. A. No. 202 of 2019. The appeal is filed by the third party with court fee of only Rs. 200/-. The registry pointed out deficiency of Court fee of Rs. 18800/- Ld. Counsel for the appellant state that the fee deposit is sufficient as the appellant is third party. The undersigned is not agreed with the argument of the Ld. Counsel. The S.A. has been finally disposed of by DRT, Patna. In terms of rule the fee applicable for third party and for borrower/guarantor is different. In the instant case fee applicable in case of borrower/guarantor is Rs. 40,500/- and fee applicable in case of Third Party i.e. other than borrower/guarantor is Rs. 19,000/- . Since the appellant who is third party has deposited only Rs. 200 towards court fee, deficiency of Rs. 18,800/- as pointed out by the registry is correct. However, Ld. Counsels insist to place the matter before Hon’ble Court on deficiency of Court fee.
List this case before Hon’ble Chairperson on 08.08.2022 for deficiency of Court fee.
Registrar
Issues for consideration
3 issues framed by the court
Whether the appellant's appeal is maintainable, being a third party with an insufficient court fee deposit.
Whether a lower court should entertain a fresh argument on the deficiency of court fee before subsequently listing the matter for fee payment.
Whether the appellant is a third party or a borrower/guarantor deciding the applicable court fee.
Parties & counsel
- appellant
Sanjay Singh
- respondent
Indian Bank and Ors.
Case details
As recorded by the court registry
- Court
- DRAT
- Decided on
- · July
- CNR
- 091090004352022
- Topic
- Banking and Recovery
All orders in this case
11 orders share this CNR
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