Kiran Ahuja vs Union Of India (Uoi) And Ors.
2006 Latest Caselaw 438 Del

Citation : 2006 Latest Caselaw 438 Del
Judgement Date : 8 March, 2006

Delhi High Court

Kiran Ahuja vs Union Of India (Uoi) And Ors. on 8 March, 2006

Author: M Katju

Bench: M Katju, S N Dhingra

JUDGMENT

Markandeya Katju, C.J.

1. This writ petition has been filed praying for quashing of order dated 21.1.2003 amending the GSR No. 44 of the Debt Recovery Tribunal (Procedure) Rules.

2. Rule 7 only prescribes Court Fee to be paid on certain applications under Section 19 and 30 of the Act or an Interlocutory Application or an application for review etc. We see no illegality in the impugned notification.

3. The order dated 2.5.2005 states that the petitioner has to pay the due as per the R.C. Learned counsel for the petitioner said that the petitioner has already paid all his dues. However, this fact has obviously being disputed by the respondent. Hence there is a dispute regarding the balance amount between the amount mentioned in the R.C. and the amount which according to the petitioner is payable by him. On this balance obviously the Court Fee has to be paid under Rule 7 item no 5 of the Rules.

4. Thus there is no force in the petition and the same is dismissed.