PUNJAB NATIONAL BANK vs MS SHREEJI FOILS PVT LTD on 6 May 2025

Debts Recovery Tribunal-Il, Delhi TAl2089l2022 PNB Vs MS SHREEJI FOILS PVT LTD 06.05.202s Item no. 55 Present: Shri Rajinder Wali, counsel for applicant bank. None for defendants. Matter is taken through Video Conferencing/ Hybrid Mode.

2. IA no.1049l2025 has been fited by the applicant bank for withdrawal of the present TA.

3. The Ld. Counsel for the applicant bank submits that the matter has been settled between the parties under the OTS and defendants have deposited the entire setUement/OTS amount of RS.3.50 crores in both the accounts towards full and final adjustment of all claims of the applicants against the defendants. Therefore, he wishes to withdraw the present OA. Ld. Counsel for applicant bank also prayed for return of the original documents and refund of the court fee.

4. Heard the Ld. Counselfor 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 been settled between the parties under the OTS and therefore, the court 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 datd 28.01.2025 titled as Jage Ram Vs Ved Kaur & Orc. The Hon'ble Supreme Court has considered the matter and has held that: I ^r', 9A\

Para 6- The refund of court fes is permissible only if, the matter is referd to Arbitration, Conciliation, judicial settlemenl including through Lok Adalat or mediation for settlement and the case is decided in terms of such a settlement and not otherwise. Para 7- In the cae at hand, the sXlement in terms of which the scond appeal was drcidd by the High Court is not on reference to any of the above authorities/fora rather it was an amicable seXlement 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 error or illqality in refusing such a prayer."

6. In view of the above,TN2Oa9l2O22is dismissed as withdrawn. 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 The matter has been withdrawn due to the matter has been settled between the pafties under the OTS. Therefore, the prayer of the applicant for refund of couft fees is hereby declined. Registry is directed to return the original documents after keeping the certified copies on record. All the pending IAs stand disposed of. IA no.1049/2025 is disposed off accordingly. File be consigned to record room. s)' (SUSHIL KUMAR'RASTOGI) PRESIDING OFFICER DRT-II, Delhi P