State Bank of India v. Mr. Shashi Ranjan and Anr.
Case brief
What is this about?
The Division Bench considered the requisite court fee for an appeal against a final order in a bank recovery matter. It held that since the prior appeal and motion were disposed of, the current appeal stands filed against the final order, requiring full court fee deposit.
What did the court decide?
The Bank is required to deposit the court fee of Rs. 43,500/-
What the court decided
Appeal Dy. No. 26/2022 Date: 08.03.2022
State Bank of India Vs. Mr. Shashi Ranjan
Present: Shri Jitendra Sarin, counsel for the appellant,
As per the scrutiny report, the appellant is required to deposit the court fee of Rs. 43500/-, for which the learned counsel for the appellant submits that the appellant has challenged the order passed in misc. application, therefore the court fee Rs. 250/- deposited by the appellant is sufficient.
I do not agree with the submission of the learned counsel for the appellant, because the S.A. No. 220 of 2016 filed before the Tribunal below had already been disposed off. Thereafter, the auction purchaser had filed the misc. application before the Tribunal below, which was allowed vide order dated 31.12.2021. Against that order, the appellant-Bank has filed the present appeal before this Tribunal. Since the S.A. and M.A. had already been disposed off by the Tribunal below, therefore, the appeal shall be deemed to have been filed against the final order. Hence, the appellant-Bank is required to deposit the court fee of Rs. 43,500/- more.
Learned counsel for the appellant submits that on the issue of court fee, he will argue before the Hon’ble Chairperson.
List this case before the Hon’ble Chairperson on 01.04.2022 for Court Fee.
Registrar
AK
Issues for consideration
2 issues framed by the court
Whether the appellant is required to deposit the court fee of Rs. 43,500/- when the current appeal is challenged against a final order following a misc. application.
Whether the court fee deposited of Rs. 250/- is sufficient since the underlying special application was already disposed of.
Parties & counsel
- appellant
State Bank of India
- respondent
Mr. Shashi Ranjan
Coram
Shri Jitendra Sarin
Case details
As recorded by the court registry
- Court
- DRAT
- Decided on
- · March
- CNR
- 091090000262022
- Topic
- Banking and Recovery
All orders in this case
9 orders share this CNR
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