In this writ petition, the petitioner sought a refund of court fees paid for a withdrawn securitisation application before the Debt Recovery Tribunal. The Court held that such appeals belong to the Tribunal and disposed of the writ.
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.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
MONDAY, THE 25TH DAY OF OCTOBER 2021 / 3RD KARTHIKA, 1943
WP(C) NO. 14085 OF 2020
PETITIONER:
SUNIL THOMAS AGED 48 YEARS S/O P.T.THOMAS, PEEDIKAPPARAMBIL HOUSE, PEEDIKAPARAMBIL NAGAR, VADAKKENCHERRY P.O.PALAKKAD DISTRICT-678 683. BY ADV E.A.BIJUMON
RESPONDENTS:
2 THE UNION OF INDIA, REP BY MINISTRY OF FINANCE, DELHI-110 001. 3 THE DEBT RECOVERY TRIBUNAL-1, 5TH FLOOR, KSHB BUILDING, PANAMPILLY NAGAR, COCHIN-682 036. BY ADVS. SRI.DEVAPRASANTH.P.J. SHRI.P.VIJAYAKUMAR, ASG OF INDIA SRI.ANISH JAIN, CGC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 14085 OF 2020
2
BECHU KURIAN THOMAS, J
................................................ W.P.(C) NO. 14085 OF 2020
........................................ Dated this the 25th day of October, 2021
JUDGMENT
Petitioner seeks direction to refund
the Court fees remitted by the petitioner while filing a securitisation application before the Debt Recovery Tribunal Ernakulam.
filing of the securitisation application, the file was alloted I.D.No.2696 on 4/3/2020 and thereafter the securitisation application was numbered as 164 of 2020. However, the said securitisation application was withdrawn on 23/10/2020.
of the withdrawal of the securitisation
WP(C) NO. 14085 OF 2020
3
application, even before it was considered, petitioner is entitled to refund of entire Court fee paid. Even though he had approached Debt Recovery Tribunal by Ext.P8, no orders have been passed and it is in such
circumstances this writ petition was filed.
circumstances arising in this case, I am of the view that the application for refund of the Court fee is a matter which can be considered only by the Presiding Officer of the Tribunal, for which a proper application in accordance with law ought to be preferred by the petitioner. The application alleged to have been preferred by the petitioner does not have the trapping of a proper application.
to approach the Debt Recovery Tribunal with a proper application for refund of the Court fee,
WP(C) NO. 14085 OF 2020
4
this writ petition is disposed of. If an application is preferred as mentioned above, needles to say, the Debt Recovery Tribunal shall consider the same and pass appropriate orders, in accordance with law, as
expeditiously as possible.
This writ petition is disposed of as
above.
Sd/-
BECHU KURIAN THOMAS
JUDGE
AJM
WP(C) NO. 14085 OF 2020
5
APPENDIX OF WP(C) 14085/2020
PETITIONER’S EXHIBITS :
EXHIBIT P1 TRUE COPY OF SECTION 13(2) NOTICE UNDER SECULARIZATION ACT DATED 10.10.2019 EXHIBIT P2 TRUE COPY OF SECTION 13(2) NOTICE UNDER SECURITIZATION ACT DATED 10.10.2019 EXHIBIT P3 TRUE COPY OF THE RULE 8(1) NOTICE UNDER SECURITY INTEREST (ENFORCEMENT) RULES, 2002 DATED 20.1.2020 EXHIBIT P4 TRUE COPY OF THE FRONT PAGE OF THE SECURITIZATION APPLICATION DATED 2.3.2020 EXHIBIT P5 TRUE COPY OF THE E-PAYMENT TRANSACTION REF NO 0303200006222 DATED 4.3.2020 EXHIBIT P6 TRUE COPY OF THE E-PAYMENT TRANSACTION REF NO 04003200000917 DATED 4.3.2020 EXHIBIT P7 TRUE COPY OF THE APPLICATION FOR RE-FUND OF COURT FEES DATED 23.6.2020 EXHIBIT P8 TRUE COPY OF THE REQUEST BEFORE 3RD RESPONDENT DATED 27.10.2020
RESPONDENT’S EXHIBITS : NIL
AJM //TRUE COPY// PA TO JUDGE
2 issues framed by the court
Whether the High Court can grant a refund of court fee for a withdrawn securitisation application when the proper forum is the Tribunal.
Whether a writ petition is an appropriate remedy for seeking refund of court fees payable to a Debt Recovery Tribunal.
Sunil Thomas
The Authorized Officer Irinjakkuda Town Co-Operative Bank Ltd
The Union of India
The Debt Recovery Tribunal-1
Bechu Kurian Thomas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
