IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 28TH DAY OF MARCH, 2019 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH AND THE HON’BLE MR. JUSTICE S. G. PANDIT WRIT PETITION NO.11374 OF 2019 (GM-DRT) BETWEEN:
M/S. SRI LAKSHMI MALLEABLES PVT. LTD., A PRIVATE COMPANY REGISTERED UNDER THE COMPANIES ACT 1956, REPRESENTED BY ITS MANAGING DIRECTOR, SRI M.R. RAJATH, SON OF LATE M.R. RAMACHANDRA, AGED ABOUT 44 YEARS, HAVING REGISTER OFFICE AT NO.144, SY.NO.52, AZIZ SAIT INDUSTRIAL TOWN, NAYANDAHALLI, BENGALURU-560 039, AND ALSO AT NO.43, 5TH CROSS, R.M.V. EXTENSION, BENGALURU-560 080.
... PETITIONER (BY SRI ASHOK HARANAHALLI, SENIOR COUNSEL FOR SRI NATARAJA H. T., ADVOCATE) AND:
1. THE MANAGER UNION BANK OF INDIA, ASSET RECOVERY BRANCH, NO.583/584, 2ND FLOOR, POOJA COMPLEX, AVENUE ROAD, BENGALURU-560 002.
2. M/S. R.A. POWERGEN ENGINEERS PVT. LTD., A PRIVATE LIMITED COMPANY REGISTERED UNDER THE COMPANIES ACT 1956, HAVING OFFICE AT NO.53, 3RD FLOOR, SHREE CHAMBERS, SUBBARAMA CHETTY ROAD, NETTAKALAPPA CIRCLE, BASVANAGUDI, BENGALURU-560 004, REPRESENTED BY ITS DIRECTOR, SRI S.N. SUYAMEENDRA.
3. SRI RAMAKRISHNA SON OF LATE K.R. GANESH MURTHY, AGED ABOUT 56 YEARS, RESIDING AT NO.142, 3RD MAIN, 4TH CROSS, CHIKKALLASANDRA, BENGALURU-560 061.
4. SRI S.N. SUYAMEENDRA SON OF MR. SUSHEELANDRA CHAR, AGED ABOUT 46 YEARS.
5. SMT. S.N. VANISHREE WIFE OF SRI S.N. SUYAMEENDRA, AGED MAJOR, RESPONDENTS NO.4 AND 5 ARE RESIDING AT NO.349, 2ND ‘B’ CROSS, 1ST PHASE, GIRI NAGAR, BENGALURU-560 085.
... RESPONDENTS (BY SMT. SHWETHA RAVISHANKAR, ADV. FOR C/R-1; NOTICE TO R-2 TO R-5 ARE DISPENSED WITH VIDE ORDER DATED 28.03.2019) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 05.03.2019 PASSED IN A.I.R.77/2019 BY THE DEBTS RECOVERY APPELLATE TRIBUNAL, TO PAY BALANCE TRIBUNAL FEES, VIDE ANNEXURE-G IN SO FAR AS REJECTING THE PRAYER OF THE PETITIONER THAT THE TRIBUNAL FEE OF RS.50,000/- IS SUFFICIENT AND ETC.
***** THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, RAVI MALIMATH, J., PASSED THE FOLLOWING:
ORDER The petitioner has challenged the impugned order dated 05.03.2019, passed in A.I.R.No.77 of 2019, by the Debt Recovery Appellate Tribunal, Bengaluru wherein the petitioner-company was directed to pay the Court Fee on the appeal.
Page No.3 is retyped and replaced vide Court order dated 15.06.2019.
2. It is contended that since the petitioner- company is not a borrower nor a guarantor, they are liable to pay the Court Fee of Rs.50,000/- as contemplated under Section-13(1)(d) of SARFEASI Act.
3. The learned counsel for respondent No.1 has filed the statement of objections, as well as I.A.No.1 of 2019, to vacate the stay. She submits that the writ petition may be allowed. That the impugned order is erroneous as a sum of Rs.50,000/- is an appropriate court fee.
4. In view of the submissions made, the writ petition is allowed. The order dated 05.03.2019, passed in A.I.R.No.77 of 2019, by the Debt Recovery Appellate Tribunal, Bengaluru is set-aside. The court fee paid by the petitioner is held sufficient. The appellate tribunal to proceed in accordance with law.
The interim order granted on 18.03.2019, staying all further proceedings shall stand extended for a further period of two weeks.
Sd/- Sd/-
JUDGE JUDGE JJ CT:SM