Debts Recovery Tribunals and Appellate Tribunals
INDIAN RENEWABLE ENERGY DEVELOPMENT AGENCY LIMITED vs M/S SOUTH-WEST HYDRO POWER PRIVATE LIMITED on 4 August 2026
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
Debts Recovely Tribunal-Il, Dethi TAl398l2022 INDIAT{ RENEWABLE ENERGY DEVETOPMENT AGENCY LTMITED Vs M/S SOUTH-WEST HYDRO POWER PRIVATE TIMITED 04.08.2026 Item no. t5 Present: Ms. Kamal Karuna A.p. Topno, Authorized Representative of the applicant bank. Defendants are ex_parte since L6.OL.2OZS. Matter is taken through Video Conferencing/ Hybrid Mode.
2. IA no.t998/2o26 has been fited by the appticant bank for withdrawal of the present mafter, refund of the court fees and return of the original documents.
3. The Authorized Officer of the applicant bank submits that in terms of the OTS and sanction letter dated 09.0g.2023 and subsequent modifications to OTS terms approved on 09.12.2025 and communicated vide email dated 11.L2.2025 for project no. 1824 and L8240-1, defendant no.1 has paid the agreed upon OTS sum of Rs.9.6029 Crores with the applicant (IREDA), in satisfaction to the claims and dispute of the applicant (IREDA) against the defendants in the present matter and accordingly the applicant has issued a no dues certificate dated 11.04.2022. Itis submitted that the loan account no.1g24 & 1g24_1 is closed by settlement on L6.L2.2025. Therefore, it is prayed to withdraw the present OA and prayed for refund of the court fee and return of the original documents. 4 Heard the Authorized Officer of applicant bank and perused the records.
5. The Authorized Officer of the applicant bank has requested for refund of the court fees. It is submitted that the roan account no.1824 & 1824-1 is closed by settlement on 16.t2.2025, therefore, the court fees may be refunded as per provisions contained in the rules. In this regard theW Honble Supreme Court ' C)', has passed the order in SLp(c) No(s).723/2023 dated 2B.Ot.2OZs titled as Jage Ram Vs Ved Kaur & Ors. The Honble Supreme Court has considered the matter and has held that: Para 6- The refund of court fees is permrssible only if, the matter is referrd to Arbitabo7 Conciliatio4 judicial settlement, including through Lok Adatat or mediatton for settlement and the ase is dsidd in terms of such a settlement and not othenryise. Para 7- In the ase at hane the stflement in terms of which the second appeal was decidd by the High Court is not on reference to any of the afuve authoriti*/fora rather it was an amicable settlement out of the court Para 8- Accordingly, we are of the opinion that the petitioner is not entrtled to refund of the court fees and the High Court has not committed any error or illqality in refusing such a prayer."
6. In view of the above, TAlgggl2o22 is dismissed as withdrawn. 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 It is submitted that the loan account no.1824 & 1924-1 is closed by settlement on L6.L2.2025, and accordingly, after receiving the payment, the account was closed. Therefore, the prayer of the applicant bank for refund of court fees is hereby dectined. All the pending IAs stand disposed of. accordingly. IA no.t99Bl2026 is disposed off File be consigned to record room. s{. (susHrL KUtvlAi RASTOGT) PRESIDING OFFICER DRT-II, Delhi P