Ms Oriental Diesel Eng Co. Pvt. Ltd. v. Bank of Baroda and Anr.

Appeal Dy. No. 77/2023 Date: 05.04.2023

M/s Oriental Diesel Eng. Co. Pvt. Ltd. Vs. Bank of Baroda

Shri N.K. Dwivedi, holding brief of Shri S.K. Pandey, Ld. Counsel for the appellant is present and furnished copy of receipt of Rs. 4000/towards deficit court fee. Ld. Counsel also submitted that appellant is neither borrower nor guarantor/mortgager but participant in auction scheduled by the Bank. No debt is payable and due against appellant and claim of appellant is limited to the extent of EMD amount deposited by appellant and forfeited by respondent-bank. Hence, appellant is not required to deposit court fee on the basis of Debts due or demand raised by Bank. Accordingly, the appellant has paid court fee before Tribunal below of Rs. 4000/- on the basis of claim amount i.e. 31.50 lacs under clause 1(d) to fee schedule. Other defects have also been reconciled.

The present appeal has been filed under section 18 of the SARFAESI Act against the final order dated 28.11.2022 passed by DRT, Allahabad in S.A. No. 74/2018. Urgency Application (I.A. No. 53/2023) and Delay Condonation Application (I.A. No. 263/2023) has also been filed along with the Appeal.

List this case before Hon’ble Chairperson on 13.04.2023 for admission.

Registrar