Decided on April 27,2006



S.S.Parkar, - (1.) BY the interim order dated 4th February, 2005 passed by this Tribunal, issue of Court-fee was kept open which will have to be decided before the appeal itself is heard and finally disposed of.
(2.) The important question which requires determination in this appeal is whether Court-fee payable on this appeal is fixed Court-fee of Rs. 250/- or Court-fee payable on ad valorem basis under Rule 8 of the Debts Recovery Appellate Tribunal (Procedure) Rules, 1994 (hereinafter referred to as the Rules of 1994). On behalf of the appellants it is argued that since there is no order against the Bank for payment of any decretal amount, a Court-fee which would be payable is Rs. 250/-, which has already been paid by the appellants. According to the learned Advocate for the appellants since by this appeal what is challenged is the show-cause notice dated 12th January, 2005 issued by the D.R.T., Aurangabad pursuant to its order dated 27th December, 2004, there was no question of payment of Court-fee on ad valorem basis.
(3.) THE above contention is not acceptable for the reasons that follow. From the provisions of the Act, rules and the notification issued by the Ministry of Finance it appears that only provision for filing the appeal before the D.R. A.T. is Section 20 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (hereinafter referred to as the RDDBFI Act). It provides for filing of the appeal by any person aggrieved by an order passed by the Tribunal i.e. the D.R.T. Rule 8 of the Rules of 1994 provides for Court-fee payable in respect of the appeal filed under Section 20 under which the minimum Court-fee payable is Rs. 12,000/- if the amount of debt is less than Rs. 10 lacs, Rs. 20,000/- if the amount of debt is Rs. 10 lacs or more, but less than Rs. 30 lacs and Rs. 30,000/ - if the amount of debt is Rs. 30 lacs or more. THE only provision for payment of Rs. 250/- is made by the notification issued by the Ministry of Finance, Department of Economic Affairs, Banking Division dated 21st January, 2003, whereby a sum of Rs. 250/- is payable by way of Court-fee in respect of any application made for interlocutory order as per Clause 4 thereof. THE said notification also prescribes Court-fee on the lines of Rule 8 of the Rules of 1994 in respect of the appeal filed against the orders of the Recovery Officer.;

Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.