LAWS(KAR)-2014-2-177

A. RAMACHANDRA SETTY Vs. CHIEF MANAGER, THE FEDERAL BANK LTD.

Decided On February 14, 2014
Sri. A. Ramachandra Setty Appellant
V/S
Chief Manager, The Federal Bank Ltd. Respondents

JUDGEMENT

(1.) THE petitioner is before this Court assailing the order dated 29.08.2013 at Annexure -B to the petition.

(2.) THE petitioner was the appellant in an appeal filed under Section 17 of the SARFAESI Act before the Debts Recovery Tribunal ('DRT' for short). During the pendency of the appeal, the petitioner had filed a memo seeking to withdraw the appeal as according to the petitioner the matter had been settled. In that view, the petitioner had sought for refund of the Court fee that had been paid on the appeal. The Tribunal has rejected the request and therefore, the petitioner is before this Court.

(3.) HAVING considered the contention put forth by the learned counsel for the petitioner, a perusal of the notification at Annexure -C would indicate that the same is by invoking the power under the RDDB Act and a specific provision has been made therein. The petition filed under Section 17 is under the SARFAESI Act.