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
petitioners has argued
that when the appeal filed before the DRAT was not entertained for want
of deposit of 50% of the total outstanding debt ... counsel for the petitioner is that
the DRAT has wrongly entertained the appeal without fulfilling the fee
condition of depositing 50% of the total debt
when the Court was considering the issue of
vacancy of seats of DRAT in another writ petition being Writ
Petition (L) No.24293 ... shall be at liberty to present an appeal before the
DRAT(M) with requisite fees and upon filing such appeal, the
order under challenge shall
Debt
Recovery Appellate Tribunal (for short 'DRAT') with regard
to payment of Court Fee by the petitioner. This Court has
decided that issue
pursue the remedy jointly subject to
payment of individual court fees {postal order/demand drat}.
M.A, No. 350/668/2022 is disposed of accordingly
quash and set aside the auction
sale.
4.2) It was submitted that DRAT has
committed an error in holding that as the
petitioner ... petitioner
was bound to deposit 75% of the purchaser
price with poundage fee within a period of 15
days from 9.07.2013 and further extension
2020]
learned DRT or for that matter, the learned DRAT is not competent
to enquire into the allegations of fraud and hence, the petitioners
cannot ... Recovery Tribunal [under section 17 , may
prefer an appeal along with such fee, as may be
prescribed] to an Appellate Tribunal within thirty days
from
favour of the petitioner. The
requisite stamp duty, registration fee etc. were paid by the Petitioner.
o) Thereafter, another Securitization Application ... thereunder.
p) On 11.12.2020, respondent No. 3 filed an Appeal before the DRAT,
Delhi, bearing No. 123/2020, titled as "Sh. Jagmohan Singh Arora
plaintiffs paid a sum of about
Rs.3,23,443.65 towards court fee and the suit was triggered by the earlier
failure of the Bank ... Order of the DRAT
_____________
https://www.mhc.tn.gov.in/judis
Page No.30 of 33
C.S.(Comm
have availed statutory remedy by way
of filing an appeal before the DRAT under the provisions of the
Section 18 of the SARFAESI Act, which ... Tribunal 1[under section 17 , may prefer an
appeal along with such fee, as may be prescribed] to an
Appellate Tribunal within thirty days from
