IDBI BANK vs SATISH KUMAR & ORS. on 5 May 2025

Debts Recovery Tribunal-Il, Delhi TAlt462l2022 IDBI BANKVs SATISH KUMAR & oRs. 05.05.2025 Item no. 53 Present: Mr. Rajive R. R"j, counsel for applicant bank. None for defendants. Matter is taken through Mdeo Conferencing/ hybrid Mode. A no.2O2l2o25 has been filed by the appticant bank for withdrawal of the present TA. The Ld counsel for the applicant bank submits during pendency of present OA, the Applicant Bank has received entire setflement amount of Rs. 34,88,097.601- and accordingly issued No dues Certificate dated 21.01.2025 to the defendant. He further submits that he wish to withdraw the present TA. The Ld. Counsel of the applicant has also 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).723/2023 datd 29.01.2025 UAd as Jage Ram Vs Vd thur & Orc. The HonUe Supreme Court has considered the matter and has held that: Para 6- The refund of auft fes is prmisible onty if, the matter is referrd to Arbitratio4 C_oncih?tion, judicial *tflement, includhg through Lok Adalat or mdbtion br *ttlement and the cae is dmlM in terms of such a *tflementand not otherwis. Para 7- In the cas at han4 the setilement in terms of which the wnd appeal was d*ided by the High @urt is not on reference to any of the above authoriti*/fora rather it was an amiable stflement outof the ourt -3fr Para 8- Accotdingty, we are of the that the petitioner is not entittd to refund of the coutt fm 'and the High Court has not ammittd any error or illqatity in refusing such a prayer'" In view of the above, it is clear that if the matter has been settled out of the murt without any reference from the court or Tribunal, the court fees cannot be refunded' Therefore' the prayer of the applicant for refund of court fees is hereby declined. IA no.2o2l2o25 is allowed' TA L46212O22 is dismissedaswithdrawn,beingamicablysettled'Allthe pending IAs stand disPosed of' File be consigned to record room' 6 (susHIL KUMER RASTOGI) PRESIDING OFFICER, DRT-II, Delhi