STATE BANK OF INDIA vs UMESH DHIMAN on 9 July 2026

Debts Recovery Tribunal-Il, Delhi TAlLsgsl2022 STATE BANK OF INDIAVs UMESH DHIMAN 09.07.2026 Item no.77 Present: Ms. Sudha Yadav, Proxy Counselfor Mr. RKSinha, Counsel for applicant bank Defendant no.1 to 3 are ex-parte dated 05.04.2019 None for defendant no.4 Matter is taken through Video Conferencing/ Hybrid Mode. IA no.154212026 has been filed by the applicant bank for withdrawal of the present TA. The Ld. Counsel for the applicant bank submitted that account was regularized now, therefore, the applicant bank does not wish to pursue the present proceedings any further against the defendants in the present case. He further submits that he wish to withdraw the presentTA. The Ld. Counselfor applicant bank also prayed for return of the original documents. The Ld. Counsel for the applicant bank has also requested for refund of the courtfees. It is submitted that the matter has been settled and therefore, the court fees may be refunded as per provisions contained in the rules. In this regard the Honble Supreme C-ourt has passed the order in SLP(c) No(s).723/2023 datd 28.01.2025 titled as Jage Ram Vs Ved Kaur & Orc.The Hontle Supreme Court has considered the matter and has held that: Para 6- The refund of coutt fees is permissible only i[, the matter is referrd to Arbitration, Conciliation, judicial settlemenl including through Lok Adalat or mediation for settlement and the ase is decided in terms of such a sttlement and not otherwise. Para 7- In the case at hanQ the seXlement in terms of which the semnd appeal was decided by the High Court is not on reference to any of the above authoritres/fora rather it was an amicable sefilement out of the court. Para 8- Accordingly, we are of the opinion that the petitioner is not entitld to refund of the cgugt fees \/ a^

and the High Court has not committd any error or illegality in refusing such a prayer.,, In view of the above, it is clear that if the matter has been settled out of the court without any reference from the court or Tribunal, the court fees cannot be refunded. Therefore, the prayer of the applicant bank for refund of court fees is hereby declined, In view of the above submission made by the Ld. Counsel for applicant ban( IA no.L542/2026 is ailowed. TA/159512022 is dismissed as withdrawn. Registry is directed to return the original documents after keeping the certified copies on records. File be consigned to record room. -54 (susHrL rtMn RAsroGr) PRESIDING OFFICER DRT-II, Delhi