Petitioner, who is neither a Borrower nor Guarantor or Transferee from Borrower, is required to pay Court fee on amount of debt due Act does not distinguish between Borrower, Guarantor or any other person - person-Petitioner is liable to pay fee as prescribed under Rule 13(2)(1)(c) & (d) on amount of Debt due.

Citation 

2016 (2) CTC 593 (Mad)

IN THE HIGH COURT OF MADRAS

Satish K. Agnihotri & P. Devadass, 11.

CRP. Nos.1728 to 1730 of 2015 & M.P. Nos.1, 1, 1, 2, 2 & 2 of 2015,

February 02, 2016

A.L. Shah

Vs

The Authorised Officer, State Bank of Hyderabad, Pondicherry Branch, 108, Kamaraj Salai, Pondicherry-605 011. 2. R. Gopal [respondents 1 & 2 in Crp. Nos.1728 & 1729/2015] 1. the Authorised Officer, State Bank of Hyderabad, Pondicherry Branch, 108, Kamaraj Salal, Pondicherry 605 011. 2. G. Chandrasekar, Prop., Sree Devi Abhirami Rice Store, 32, Thatchar Street, Nelithope, Pondicherry 3. R. Gopal, Prop., Devi Abhirami Transport, 65, 3rd Cross Thirumal Nagar, Kosapalayam, Pondicherry-605 013 [respondents in Crp. No.1730 /2015]

...Respondent

Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (54 of 2007) [SARFAESI Act), Sections 13(4), 17, 2(1) & 18-Security Interest (Enforcement) Rules, 2002, Rule 12X1Xa), (d) & (e)-Payment of Court fee-Borrower' 'Aggrieved person' 'Any other person'- Meaning, Nature and Scope - Appeal filed by Petitioner before DRT alleging that his property had been mortgaged by Borrower without any valid legal title Appeal filed by Petitioner challenging Demand Notice dismissed Second Appeal, filed by Petitioner before DRAT paying Court-fee under Rule 13(2)(1)(e), was returned with endorsement to pay Court-fee under Rule 1321Xa) to (d) Whether Petitioner, who is neither a Borrower nor Guarantor or Transferee from Borrower, is required to pay Court fee on amount of debt due Act does not distinguish between Borrower, Guarantor or any other person- There is no contemplation of payment of different set of fee for "any other person-Petitioner is liable to pay fee as prescribed under Rule 13(2)(1)(c) & (d) on amount of Debt due.