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UJJAL BHUYAN, P.MADHAVI DEVI
Progressive Aquatech Enterprises – Appellant
Versus
Debts Recovery Tribunal, Hyderabad – Respondent
ORDER :
1. Heard Mr. N. Gangadhar, learned counsel for the petitioner and Mr. Ravinutala Venkata Subba Rao, learned counsel for respondents No. 2 and 3.
2. By filing this petition under Article 226 of the Constitution of India, petitioner seeks quashing of docket order dated 12.10.2021, passed by the Debts Recovery Tribunal-II, Hyderabad (for short ‘the Tribunal’) in S.A.I.R. No. 356 of 2021 and further seeks a direction to the Tribunal for refund of court fee of Rs. 1 lakh paid by the petitioner.
3. Be it stated, that against the sale notice dated 12.03.2021, issued by respondents No. 2 and 3 i.e. Indian Bank for auction sale of the secured asset on 16.04.2021, petitioner No. 1 filed Securitisation Application before the Tribunal under Section 17 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short ‘the SARFAESI Act’) which was numbered as S.A.I.R. No. 356 of 2021. Along with the Securitisation Application, petitioner paid court fee of Rs. 1 lakh.
4. As the auction sale of the secured asset did not materialize on 16.04.2021 for want of bidders, petitioner withdrew the Securitisation Application from the Tribunal. Therea
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 ....
The main legal point established is the determination of court fees payable under the SARFAESI Act and the relevant rules, based on the definition of 'debt' as per the applicable laws.
The Debt Recovery Tribunal must formally adjudicate on the status of parties involved rather than treating fee disputes as mere procedural defects.
The determination of a party's status in debt recovery proceedings must be adjudicated by the Tribunal, not merely treated as a procedural defect.
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