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
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
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
DRAT Appeal AIR (SA) No.449 of 2017 was listed before the Hon'ble DRAT on 21.08.2017. The Hon'ble DRAT has directed ... accepted Rs.50,000/- as SA Appeal Fees.
The Appellant has paid Rs.50,000/- as Appeal fees under Rule
secured creditor)
is to be taken into consideration by the DRAT whilst
determining the amount that ought to be deposited by the
borrower under section ... DRAT within 30 days from the date of receipt
of the order of the DRT. The 1st proviso stipulates that
different fees may be prescribed
DRAT, Chennai in AIR No.396/2016. Deficit court fee pointed out by the DRAT, Chennai has been paid on 05.07.2017. According to him, when ... there appears to be some delay, in payment of deficit court fee.
19. Yet another factor to be taken note of is that even taking
Finance Limited, Bangalore, without payment of appropriate Court fee. Though the Debts Recovery Appellate Tribunal, (DRAT), Chennai may be right in directing the petitioner ... deficit Court fee, we are not inclined to subscribe to the direction of the Debts Recovery Appellate Tribunal, (DRAT), Chennai, directing the petitioner to produce
been filed, on the following grounds:-
The Chairperson DRAT has failed to consider that Court fee payable before the Debts Recovery Tribunal, as per Rule
registry of DRAT.
4. Registry of DRAT, has returned the papers directing the appellant therein/writ petitioner, to pay court fee, as per Rule ... maintainability. Whether payment of court fee is required or not, the same has to be decided by DRAT. Without adjudication on the above issue, mandamus
under Section 17 , may prefer an appeal along with such fee, as may be prescribed, to the Appellate Tribunal, within 30 days from the date ... less. According to him, in the absence of a Presiding Officer in DRAT, writ petitions are being entertained against the order of the Tribunal passed
