(Order of the court was made by HULUVADI G.RAMESH,J.) Heard the learned counsel appearing for the appellant and the learned counsel representing the Bank.
2. It appears that the property in question which was mortgaged in favour of the bank, is said to have been purchased by the writ petitioners. The petitioners, claiming to be third parties to the loan transaction, would contend that they, being unaware of the mortgage in favour of the bank, had purchased the property and therefore, they are entitled to waiver of court fee.
3. It is to be noted that the property in question was offered as mortgage by the guarantor to the loan transaction, in favour of the bank. The purchaser of a property under mortgage cannot be treated as third party to avoid any controversy. The petitioners, having stepped into the shoes of the guarantor, is liable to pay the requisite court fee and cannot avoid such liability, claiming to be a third parties. Therefore, we do not find any reason to interfere with the order passed by the Debts Recovery Appellate Tribunal. The writ petition is dismissed. No costs. The connected miscellaneous petition is also dismissed. However, it is for the petitioners to pay pay the requisite court fee within one month from the date of receipt of a copy of this order.
(H.G.R.,J.)(T.K.R.,J.) 22.6.2017.
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