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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
G. S. KULKARNI, RAJESH S. PATIL
YES BANK LTD. , MUMBAI – Appellant
Versus
UNION OF INDIA – Respondent
JUDGMENT :
RAJESH S. PATIL, J.
1. Rule. Rule made returnable forthwith. Respondents waive service. By consent of the parties heard finally.
2. This Writ Petition is filed under Article 226 and 227 of the Constitution of India by the petitioner bank, praying for a writ of mandamus for quashing the words “and defendant shall file joint Application” from Rule 5 of the Debts Recovery Tribunal (Refund of Court Fees) Rules, 2013, (Refund Rules) and also seeking a direction to respondent No. 3 (Registrar, DRT-II) Mumbai, to immediately release the amount quantified in impugned order without insisting for joint Application.
3. The petitioner is inter alia engaged in the business of banking and is governed by the Banking Regulation Act, 1949 and the rules and regulations framed thereunder. The petitioner had advanced a loan to one of its borrowers, who had defaulted in its repayment. The petitioner hence had filed recovery proceedings before the Debt Recovery Tribunal-II, Mumbai, numbered as O. A. No. 410 of 2018. However, after filing of the said proceedings a settlement was arrived between the parties. The petitioner thereafter filed Interlocutory Application No. 272 of 2019 in the said Ori
The main legal point established in the judgment is that the requirement of a joint application for refund of court fees cannot defeat the legal rights of the applicant to receive the court fees, esp....
A defendant filing a counter-claim in a debt recovery case is considered an 'applicant' for court fee refunds under S.19(3 - B) of the Recovery of Debts and Bankruptcy Act.
The court established that litigants have an inherent right to a refund of court fees when their application is disposed of as infructuous, despite the absence of an explicit statutory provision for ....
Court fees submitted are not refundable if used but can be returned for re-filing in the appropriate court.
Section 70 of the Act comes into play only when there is no adjudicatory process.
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