M/ S Laxmi Masala Industries and Ors. v. Bank of Baroda
Case brief
What is this about?
Miscellaneous Appeal challenging an order accepting a time-barred application. Court noted deficiency in court fee and omission of pre-deposit but directed listing for admission, noting counsel's reliance on High Court judgment exempting deposits in such matters.
What the court decided
A compact analysis
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.
Appeal Dy. No. 48/2023
(M/s Laxmi Masala Industries Vs. Bank of Baroda)
Date: 23.01.2023
Shri Jagannath Singh, Ld. Counsel for the appellant is present and mentions Pin Code Number in the Appeal. Ld. Counsel also made correction in the relief para of the Appeal.
The instant appeal has been filed with court fee of Rs. 250/- only. No pre deposit has been made. No Waiver Application has been filed. In the instant matter in the O.A. 108/2020, recovery certificate was issued for Rs. 1,30,67,348=00 vide ex-parte judgment dated 05.042022. Appeal under section 20 of the RDB Act on the said amount attract court fee of Rs. 30,000/-.
In regard to the defects that no pre-deposit has been made and that there is deficiency of court fee of Rs. 29,750/- pointed out by the registry, Ld. Counsel states that he has filed court fee of Rs. 250/- with the appeal. That the instant Appeal is filed against order dated 30.11.2022 passed in M.A. No. 121/2022. Ld. Counsel states that in O.A. 108/2020 ex-parte judgment and order was passed by DRT, Allahabad on 05.04.2022. The appellant filed a recall Application in the matter in DRT, Allahabad which was registered as M.A. 121/2022. The said M.A. has been rejected by DRT, Allahabad as time barred vide order dated 30.11.2022.
Ld. Counsel states that this is not a regular appeal. Ld. Counsel states that this is a Misc. Appeal challenging the order dated 30.11.2022 in M.A. 121/2022. Ld. Counsel placed reliance on the judgment of Hon’ble High Court Allahabad judgment dated 12.03.2019 in Writ C-No. 1634 of 2019 and provided a copy of the same. Ld. Counsel states that in light of the said judgment Rs. 250/- court fee is sufficient and no pre- deposit is required in the matter. Ld. Counsel state that he will argue the issue of court fee and predeposit before Hon’ble Court and prays to place the matter before Hon’ble Court .
Issues for consideration
3 issues framed by the court
Whether a lower court fee of Rs. 250/ is sufficient and no pre-deposit is required for an appeal under Section 20 of the RDB Act against a DRT order accepting time-barred applications.
Whether the admission of the appeal under Section 20 of the RDB Act豁免 the pre-deposit requirement.
Whether an Urgency Application allows immediate disposal of a miscellaneous appeal challenging a time-barred DRT order.
Parties & counsel
- appellant
M/s Laxmi Masala Industries
- respondent
Bank of Baroda
Case details
As recorded by the court registry
- Court
- DRAT
- Decided on
- · January
- CNR
- 091090000482023
- Topic
- Banking and Recovery
All orders in this case
11 orders share this CNR
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