UNION BANK OF INDIA vs SH RAVI SHANKAR DWIVEDI on 29 April 2025

Debts RecovelY Tribunal-Il, Delhi TAlStl'Ol2023 UNION BANK OF INDIA VS SH RAVI SHANKAR DWIVEDI

29. M.202s Item no.69 Present: Mr. Sandeep Soni, Prory Counselfor Mr. Samarendra Kumar, Counsel for applicant bank None for defendanb Matter is taken through Video Conferencing/ Hybrid Mode. IA no.496212024 has been filed by the applicant bank for withdrawal of the Present TA. The Ld. Counsel for the applicant bank submits that the defendants approached the applicant bank for amicable settlement and proposed to pay the total outstanding dues to settle the entire liability. The defendants have already paid the entire settlement amount to the applicant bank and the applicant bank has issued the No Dues Crrtificate, hence nothing remains to recover against the defendants in the present Originalfl-ransfer Application. He further submits that he wish to withdraw the present TA. The Ld. Counsel of the applicant has also requested for refund of the Gourt fees. 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 Hontle Supreme Court has passed the order in SLP(c) No(s).723/2023 datd 28.01.2025 titld as Jage Ram Vs Vd l(aur & Ors. The Hontle Supreme Court has considered the matter and has held that: Para 6- The refund of aurt fes is permissible only it, the maXer is rebnd to Arbitratio4 @nciliation, judicial *ttlement, including through Lok Adalat or mdiation for stdement and the cas is dsidd in terms of such a sttlement and not otherwis. Para 7- In the cae at han4 the stilement in terms of which the wond appeal was d*idd by the High Court is not on reference to any of the aLtove authoritis/fora rather it was an amicable sttlement out of the aurt Para 8- Accordingly, we are of the opinion that the petitioner is not entitld to refund of the court fes and the High @urt has not ammittd any enor or illqaliU in refusing such a pr?yg+" clr.

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 couft fees cannot be refunded. Therefore, the prayer of the applicant for refund of court fees is hereby declined. IA no.496212024 is allowed. TN84iO|2023 is dismissed as withdrawn. File be consigned to record room. s,\ (SUSHIL KuMAR RASTOGI) PRESIDING OFFICER DRT-II, DCIhi