The De RA Tribunal recorded that the appellant deposited the deficit court fee, thereby removing the defect noted in a previous order. The matter was listed for admission before the Chairperson on 05/06/2023.
The defect in the order dated 11/05/2023 was removed after deposit of the deficit fee.
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IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA Regular Appeal Dy. No. 323 of 2023, Date 15/05/2023
Bathina Nagabhusanam -------- Appellant
Versus
The Branch Manager, ICICI Bank Ltd. & 2 Ors. ------- Respondent
Ld. Advocate Mr. Nemani Srinivas appears on behalf of Appellant as per registry bench order dated 11/05/2023 and submits that the application fee has been paid sufficiently taking into consideration the amount mentioned in the demand notice. However, without prdjudice the Appellant will deposit the sum of Rs. 3250/- as deficit court fee. Since, it has been pointed out that the S.A. was filed with an application fee of Rs. 9250/- before the DRT. It seems that before the DRT, application fee has been paid in excess by the Appellant which may be due to inadvertence or incorrect calculation.
It is observed from e-drt system uploaded by the DRT that the claim amount mentioned therein is Rs. 2653659/- and demand of the same amount has been stated in his S.A. no.311 of 2016 and sale notice dated 16/11/2019. The demand amount of Rs. 2653659/- also been reflected in the impugned order. Thus court fee for filling of the appeal comes to Rs.9250/-.
Ld. Advocate for Appellant deposits a sum of Rs.3250/- as deficit court fee vide Transaction Ref. Id. 1505230015994 dated 15/05/2023 dated and prays to place the matter before Hon’ble Chairperson as defect mentioned in order dated 11/05/2023 has been removed.
Ld. Advocate Ms. Ishita Ghosh appears and files vakalatnama on behalf of Respondent No. 1 & 2, Respondent Bank. She submits that copy of memorandum of appeal along with annexure; Delay petition and Waiver application have not been served upon them.
None appears for remaining Respondent No. 3.
Hence, defect mentioned in order dated 11/05/2023 has been removed by the Ld. Advocate for Appellant.
The matter may be placed before Hon’ble Chairperson on 05/06/2023 for admission.
Sd/-
REGISTRAR
Bathina Nagabhusanam
The Branch Manager, ICICI Bank Ltd.
2 Ors.
As recorded by the court registry
6 orders share this CNR
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