MUSTHAFA KALIPPADATHU Vs. CANARA BANK

JUDGEMENT

(1.) The challenge in this Original Petition is to the order dtd. 26/4/2023 passed by the Debts Recovery Tribunal-1, Ernakulam in O.A.No.487/2019, declining the prayer for refund of eligible court fee.

(2.) The respondent Bank instituted the above Original Application against the petitioner to recover the amount due to the Bank. The petitioner filed a counter claim as provided in Sec. 19(8) of the Recovery of Debts and Bankruptcy Act, 1993 (for short 'the Act'). The parties settled the dispute prior to the commencement of hearing and filed Ext.P3 joint application. In the joint application, the petitioner and respondent prayed for a refund of the eligible court fee under Sec. 19(3-B) of the Act. The Tribunal rejected the relief, prayed for by the petitioner on the ground that he was not an 'applicant' as defined in the Act and the Debts Recovery Tribunals (Refund of Court Fee) Rules, 2013 (for short 'the DRT (Refund of Court Fee) Rules).

(3.) Sec. 19(3-B) of the Act contains the provision for refund of Court fees. Rule 4 of the DRT (Refund of Court Fee) Rules prescribes the percentage of the fee that the Tribunal can refund.