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2007 Supreme(Ker) 788

THOTTATHIL B.RADHAKRISHNAN
Dhileep – Appellant
Versus
Debt Recovery Tribunal – Respondent


ORDER

Thottathil B. Radhakrishnan, J.

1. What, if any, is the court fee payable on an appeal to the Debts Recovery Tribunal, against an order of its Recovery Officer, deciding a claim or objection to attachment or sale?

W.P.(C) No.14165 of 2006

2. On the basis of different recovery certificates issued by the Debts Recovery Tribunal, for short, the "Tribunal", constituted under the provisions of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993, hereinafter referred to as the "RDB Act", proceedings were initiated against the properties involved in those cases. Petitioners who are not the debtors in terms of the recovery certificates, asserted independent title and filed claim petitions invoking R.11(4) of the II nd Schedule of the Income Tax Act, 1961, hereinafter referred to as the Schedule Rules". The Recovery Officer dismissed those petitions. Petitioners filed appeals under S.30(1) of the RDB Act. The Tribunal's Registry overruled the petitioners' answer to its objections on the question of court fee. The petitioners' appeals to the Tribunal against that, stand

















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