Sudhir Agarwal, J. - (1.) HEARD Sri M.P. Sarraf, learned Counsel for petitioner and perused the record. The dispute relates to fee payable on an application filed before Debt Recovery Tribunal under section 22(2)(g) of Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (hereinafter referred to as "Act, 1993") read with Order IX, Rule 9 C.P.C. The Tribunal in the impugned order dated 17.9.2009 has taken the view that under Rule 5 of Debts Recovery Tribunal (Procedure) Rules, 1993 (hereinafter referred to as "Rules, 1993"), the application of the nature as above is an interlocutory application and a fee of Rs. 250/ - would be payable thereon under Rule 7 (2) Clause (4) of Rules, 1993.
(2.) THE facts giving rise to present dispute are as under: Petitioner is employed as Development Officer in Bank of Baroda, Branch G.T. Road (Main), Fatehpur. The Bank granted Cash Credit Limit of Rs. 10 lacs to M/s. Ganga Tat Vikas Evam Nirman (Pvt.) Limited through its Managing Director Hare Krishna Srivastava, on 2.1.1993. Petitioner with three others, namely, Mayur Man Singh, Gurudeo Singh and Chandra Bhushan stood guarantor. On account of default, a sum of Rs. 19,71,765/ - was found recoverable from the loanee and hence respondent No. 1, Bank, instituted Suit No. 5 of 1996 in the Court of Civil Judge (Senior Division) for recovery of Rs. 19,71,765/ - along with interest at the rate of 24.5 per cent per annum, with quarterly rests together with cost and other usual benefits. Therein petitioner was also impleaded as defendant No. 7.
(3.) THE suit was transferred to Debt Recovery Tribunal, Jabalpur whereupon it was re -registered as T.A. 444 of 2000 and was allowed vide judgment dated 3.1.2007 holding defendants No. 1 to 5 and 7 liable for payment of amount claimed in the suit. The Tribunal authorized the Bank to recover a sum of Rs. 19,71,765/ - along with pendente lite interest etc. from defendants No. 1 to 5 and 7 and they were also restrained from transferring their property etc.;