UNION BANK OF INDIA vs OM PRAKASH SINGH BISHT & ORS. on 5 May 2025

Debts Recovery Tribunat-Il, Delhi TAl204612022 UNION BANK OF INDIA Vs oM PRAKASH SINGH BISHT & oRs. 05.05.2025 Item no.91 Present: Mr. Raman Kumar Singh, counsel for applicant bank. None for defendants. Matter is taken through Video Conferencing/ hybrid Mode. IA no.123Ol2OZS has been fited by the applicant bank for withdrawal of the present TA. The Ld counsel for the applicant bank submits that the Respondent no.1 approached the appricant bank for amicabte settlement and the subject accoun{Matter was setUed/upgraded. He further submits that he wish to withdraw the present rA and also prayed for return of the original documents. The Ld. counser of the appricant has arso requested for refund of the court fees. It is submitted that the matter has been setued and therefore, the court fees may be refunded as per provisions contained in the rules. In this regard the HonUe Supreme Court has passed the order in SLp(c) No(s).223/2023 datd 28.01.2025 titld as Jage Ram Vs Vd Kaur & Orc. The HonUe Supreme C.ourt has considered the matter and has held that: Para 6- The refund of court frc is permissibte only if, the maXer is referrd to Arbitration, Concrtiatio4 judbial retilemenl including through Lok Adatat or mdiahon for stflement and the cae is d*idd in terms of such a stflement and not otherwis. Para 7- In the ca* at hane the frtilement in terms of which the wond appat was drcidd by the High Court is not on reference to any g! fi" above .sf authoritis/fora rather rt was an amicabte stilement out of the aurt Para 8- Acardingly, we are of the opinion that the petitioner is not entiild to refund of the awt frc and the Hi.qh Court has not ommitd any enor or illqality 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 appricant for refund of court fees is hereby declined. IA no.1230l2O2S is attowed. TA 204612022 is dismissed as withdrawn. Registry is directed to rcturn the original documents after keeping the certified copies on rccords. Allthe pending IAs stand disposed of. File be consigned to record room. 6, (susHrL KUpFAR RASTOGT) PRESTDTNG OFFTCE& DRT-II, Delhi