filing A.I.R.No.40 of
2014 before the DRAT, a Court fee of a sum of Rs.20,505/- was paid ... Legal Services Authority
for refund of the court fee, as the DRAT has no power / provision for
such refund.
7. In this context
Debt Recovery Appellate Tribunal (for
short "DRAT") by which the DRAT had directed the Recovery
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the issue of fixing the fees of the Receiver by capping the fees at
Rs.50 lakhs. We find from the record that there
entertained and subsequently, without properly analysing the fact situation, DRAT has concluded that deficit court fee has to be paid and waiver application also ... under Section 18 of the Act, before DRAT, without paying Court fee, on the amount determined by the Tribunal and that the petitioner cannot contend
financial institutions/Banks, that though under Rule 8 of the DRAT Rules fees is required to be paid on the basis of amount of debt ... attention to the DRAT Rules and stated that when a miscellaneous appeal is filed, under the DRAT Rules no fee is prescribed and, therefore, insistence
parties that fee of Rs.55,000/ per
appearance would be charged in case plaintiff appears before
Hon'ble DRAT and in case ... Construction Ltd. Pg. 2 of 8
appears before Hon'ble DRAT, fee of Rs.25,000/ per appearance
was fixed and if any other
civil court without payment of
court fees and thus, in the absence of the court fees, no claim in the shape of
counter claim could ... Section
25 of the Court Fees Act, which reads as under :-
"25. Collection of fees by stamps.- All fees referred to
in section
writ petitioner seemed to have paid deficit court fee and therefore, vide order, dated 10.09.2014, the DRAT, Chennai, has directed the writ petitioner ... balance court fee. At this juncture, the reasoning of the DRAT that waiver application has not been filed, may not arise. First, the petitioner
said rule with regard to fees is not
correct. Consequently, the impugned orders are set aside. The fee payable
on appeals arising from interlocutory applications ... Securitisation Act. The court
directed that upon payment of such fee, the DRAT may dispose of the matter
on merits and leave the question
said rule with regard to fees is not
correct. Consequently, the impugned orders are set aside. The fee payable
on appeals arising from interlocutory applications ... Securitisation Act. The court
directed that upon payment of such fee, the DRAT may dispose of the matter
on merits and leave the question
said rule with regard to fees is not
correct. Consequently, the impugned orders are set aside. The fee payable
on appeals arising from interlocutory applications ... Securitisation Act. The court
directed that upon payment of such fee, the DRAT may dispose of the matter
on merits and leave the question
