Debts Recovery Tribunals and Appellate Tribunals
INDIAN RENEWABLE ENERGY DEVELOPMENT AGENCY LTS vs MS VENIKA GREEN POWER PRIVATE LIMITED AND ORS on 20 July 2026
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Debts Recovery Tribunal-Il, Delhi TAl68212024 INDIAN RENEWABLE ENERGY DEVELOPMENT AGENCY LTS Vs MS VENIKA GREEN POWER PRTVATE LIMITED AND ORS 20.07.2026 Item no.13 Present: Ms. Kamal Karuna AP Topno, Chief Manager (Law) of applicant FI None for defendants Matter is taken through Video Conferencing/ Hybrid Mode. IA no.199912026 has been filed by the applicant FI for withdrawal of the Present TA. The Officer for the applicant FI submitted that defendant No'1 was sanctioned the term loan by the applicant FI (IREDA) for Rs.300.00 Lakhs vide loan agreement dated 05.10.2005 for "setting up of 0.75 MW (1 X 750 kW) H Malligeri Mini Hydro Project to be set up at Jigundpatna Village, Keraagodu Hobli, Mandya Taluk, Mandya District, in the State of Karnataka (P@ect No. 1725)". It is submitted that after negotiations between the parties, the parties were able to compromise the present dispute by entering into a One Tlme Settlement (OTS). Pursuant to it, defendant No.1 has re-paid all its dues against the Project No. t725 and accordingly the Applicant (IREDA) has issued a No Dues Certificate dated 08.02.2022. She further submits that she wish to withdraw the presentTA. The Officer for applicant FI also prayed for return of the original documents. The Officer for the applicant FI has also requested for refund of the court fees. It is submitted that the matter has been settled and therefore, the coutt fees may be refunded as per provisions contained in the rules. In this regard the Honble Supreme Court has passed the order in SLP(c) No(s).723/2023 dated 28.01.2025 titld as Jage Ram Vs Vd Kaur & Orc. The Hontle Supreme Court has considered the matter and has held thatr Para 6- The refund of coutt fes is permissible only if, the matter is referrd to Arbitration, Conciliation, judiciat ettlement, including through Lok Adalat or mediation for sttlement and the case is dtidd in terms of such a settlement and not otherwire. q,\
Para 7- In the case at hand, the settlement in terms of whrth the recond appal was dsided by the High Court is not on reference to any of the above authorities/fora rather it was an amicable ettlement out of the court. Para 8- Accordingly, we are of the opinion that the petitioner is not entitld to refund of the court fees and the High Court has not committd any eror 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 coutt 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. Registry is directed to return the original documents after keeping the certified copies on records. In view of the above submission made by the Officer for applicant FI, IA no.199912026 is allowed. TN68212024 is dismissed as withdrawn. The date alrcady fixed on 2O.11.2026 before this Tribunal stands cancelled. File be consigned to record room. e^ (susHIL KUrqnx RASTOGI) PRESIDING OFFICER DRT-II, Delhi