SAROJ DEVI Vs. BANK OF INDIA

JUDGEMENT

(1.) The present Writ Petition questions an order of the Debts Recovery Appellate Tribunal (DRAT) dated 12.12.2012 in M.A. 426/2012. The DRAT rejected the petitioner's appeal, which in turn had questioned the Debt Recovery Tribunal's (DRT's) order refusing the request for an enquiry into the petitioner's indigence in respect of payment of Court Fees, in support of the Counter Claim preferred.

(2.) The brief facts are that the original borrower, Smt. Saroj Devi was impleaded as defendant/respondent in recovery proceedings filed by the Bank of India (BOI) before the DRT. The said borrower apparently had been proceeded against ex-parte and the bank's petition was decreed on merits. The borrower appealed to the DRAT, by filing M.A. No. 273/2001. Before the DRAT, the borrower had contended that she was indigent and unable to pay the Court Fees.

(3.) The DRAT eventually remitted the matter for hearing and disposal on merits by the DRT. Before the latter, the legal representatives moved an application seeking leave to file counter claim. They also moved an application for being declared indigent, i.e. I.A. No. 625/2012. The DRT rejected the request by order dated 30.08.2012; this was challenged before the DRAT which in turn dismissed the petitioner's appeal; stating as follows: