STATE BANK OF INDIA vs JAYA PRADEEP & ANR. on 28 September 2026

Debts Recovery Tribunal-Il, Delhi TAl288l2022 STATE BANK OF INDIA VS JAYA PRADEEP & ANR. 28.09.2026 Item no. 05 Present: bank. Ms. Smita Srivastava, Prory counsel for applicant Matter is taken through Video Conferencing/ Hybrid Mode.

2. I.Ano.27l5l2o25 has been filed by the applicant bank for withdrawal of the present OA, return original documents and refund of the court fee.

3. The Ld. Counsel for the applicant bank has submitted that the matter has already been settled between the parties and NOC was issued on 19.08.2026. Therefore, it is prayed to withdraw the present OA and prayed for refund of the court fee' It is fufther prayed to return original documents.

4. Heard the Ld. Counsel for applicant bank and perused the records.

5. The Ld. Counsel of the applicant bank has requested for refund of the court fees. It is submitted that the matter has already been settled between the parties and NOC was issued on 19.08.2026, therefore, the court febs may be refunded as per provisions contained in the rules. In this regard theW Hontle Supreme Court has passed the order in SLP(c) No(s).723l2023 dated 28.01.2025 titled as Jage Ram Vs Ved Kaur & ors. The Honble Supreme Court has considered the matter and has held Para 6- The refund of court fees is permissible only it the maXer is referrd to Arbitration, Conciliation, judicial settlement including through Lok Adalat or mediation for settlement and the case is decided in terms of such a settlement and not otherwise. ,.-1| 9)-t that:

Para 7- In the cas at han4 the settlement in terms of which the second appeal was decided by the High Court is not on reference to any of the afuve authoitr?s/fora rather it was an amicable setflement out of the court Para 8- Accordingly, we are of the opinion that the petitioner is not entitld to refund of the court fes and the High Court has not committed any error or illqalty in rbfusing such a prayer."

6. In view of the above, TAl288l2O22 is dismissed as withdrawn and Registry is directed to return the original documents after keeping the certified copies on record. The applicant bank has also sought refund of court fee. The matter has not been disposed of on the basis of settlement in Lok Adalat. There appears no occasion to return the court fee. The matter has been withdrawn due to the matter has already been settled between the parties and NOC was issued on 19.08.2026. Therefore, the prayer of the applicant bank for refund of court fees is hereby declined. All the pending IAs stand disposed of. IA no.271512026 is disposed off accordingly. File be consigned to record room. Date on 22.01.2027, already fixed before the Registrar stands cancelled. ----'- Ct\ (SUSHIL KIJMAK hASTOGI) PRESIDING OFFICER DRT-II, Delhi P