S R KAPUR & SONS LTD Vs. SYNDICATE BANK

JUDGEMENT

(1.) THIS is an appeal against order dated 22.11.2001 passed by the Debts Recovery Tribunal-II, Delhi in O.A. No. 102/96--Syndicate Bank v. S.R. Kapur & Sons Ltd.

(2.) By the impugned order, the Learned Presiding Officer of the Tribunal below has sought the appellants to file prescribed fee on the counter-claim, which they are making in the aforesaid O.A. Feeling aggrieved with the order, this appeal has been filed.

(3.) UNDER Sub-section (9) of Section 19 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993, a counter-claim under Sub-section (8) of Section 19 shall have the same effect as the cross suit as to enable the Tribunal to pass a final order on the same Original Application both on the claim and counter-claim. The effect of this provision is that the counter-claim also becomes an application under Section 19 of the said Act. Rule 7 of the Debts Recovery Tribunals (Procedure) Rules, 1993 provides for quantum of fees to be paid on every application under Section 19 of the Act. Since counter-claim also shall have the same effect as an application under Section 19 of the Act, the prescribed fee under said Rule 7 shall have to be paid.