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
before the DRAT under section 18 of the Act.
Any application for interim relief(s) can also be made before the
DRAT. Only ... first respondent before the
DRAT, the first respondent shall also give the details of all the
fees collected for the current/next academic year
ordering notice to
the respondent-Bank.
Then the petitioner approached the DRAT, Delhi by filing
Misc. Appeal ... amount of `1,01,00,000/- along with stamp
duty and registration fees with interest.
No relief is claimed against respondent No.2-Bank
petitioner submits that petitioner has
preferred an appeal before the DRAT against the order passed by the DRT-I,
Chandigarh. The petitioner is the guarantor ... deposit.
2. Heard.
3. The petitioner has filed an appeal before the DRAT. In terms of
Section 18 of SARFAESI Act, the petitioner would
before the Debts
Recovery (Appellate) Tribunal (in short 'the DRAT'). Section 18 of
the SARFAESI Act reads thus:-
"18. Appeal to Appellate ... Debts Recovery Tribunal under section 17 , may prefer an
appeal alongwith such fee, as may be prescribed to the
Appellate Tribunal within thirty days from
auction purchaser alongwith interest @ 8.50% p.a. Similarly, the poundage
fee of `6,30,010/- deposited by the Registrar was also directed to be
released ... auction purchaser. The appeal filed by the bank before the
DRAT on 09.03.2010 against the order dated 11.03.2009 was disposed of
with the direction that
that the Court fee paid for filing of SA-5-2022 may also be refunded to the
petitioners.
Counsel further states that there being ... view of the absence of Presiding
Officers in DRTs and DRAT.
Having regard to the said submission made by counsel for the
petitioners, the Writ Petition
before the Debts Recovery
(Appellate) Tribunal (in short ' the DRAT').
3. Section 18 of the Act reads thus:-
"18. Appeal to Appellate ... Debts Recovery Tribunal under section 17, may prefer an
appeal alongwith such fee, as may be prescribed to the
Appellate Tribunal within thirty days from
Surinder Mahajan vs Debts Recovery Appellate Tribunal & ... on 5 April, 2013
Bench: Hemant Gupta
Ramprastha Promoters And Developers ... vs Union Of India And Ors on 13 January, 2022
Author
