Keshav Bhardwaj v. Punjab National bank and 2 Ors.
Case brief
What is this about?
Listed for order an appeal filed under Section 18 of the SARFAESI Act. The appellant sought exemption from filing a certified copy of the impugned order and challenged the court fee on the ground that he was a third-party bidder in a system-failure dispute.
What the court decided
A compact analysis
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Appeal Dy. No. 533/2023 Date: 16.05.2023
Keshav Bharadwaj Vs. the Authorized Officer-cum-Chief Manager Punjab National Bank
Shri Alok Rai, Ld. Counsel for the appellant is present and removed the defects of point no. 1 and 3.
Regarding non filing of certified copy of impugned order, the appellant has moved one Exemption Application (I.A. No. 390/2023) seeing exemption of filing certified copy of the impugned order on the grounds that the certified copy has been applied and shall be filed after receiving the same from the DRT, Patna. Hence, prayed for exemption.
Regarding deficiency of court fee of Rs. 49,800/-, it is submitted by the appellant that he is the third party bidder who could not become successful purchaser due to system failure of web side of MSTC. He further submits that appellant is stranger to the debt and a third party, hence, court fee of Rs. 200/- is sufficient on the present appeal. he has relied on judgment of Hon’ble DRAT, Allahabad dated 11.09.2013 in Appeal No. 55/2010
The present appeal has been filed under section 18 of the SARFAESI Act against the final order dated 19.04.2023 passed by DRT, Patna in S.A. No. 254/2021. Urgency Application (I.A. No. 369/2023) and Exemption Application (I.A. No. 390/2023) has also been filed.
List this case before Hon’ble Court on 22.05.2023 for order.
Registrar
Issues for consideration
2 issues framed by the court
Whether the appellant is entitled to exemption from filing a certified copy of the impugned order.
Whether the appellant is liable to pay the full court fee given his status as a third-party bidder.
Parties & counsel
- appellant
Keshav Bharadwaj
- respondent
the Authorized Officer-cum-Chief Manager Punjab National Bank
Case details
As recorded by the court registry
All orders in this case
4 orders share this CNR
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