UNION BANK OF INDIA vs SH PUNEET TIWARI on 9 May 2025

Debts Recovery Tribunal-Il, Delhi TAlzosl20.23 UI{ION BANKOF INDIAVS SH PUNEETTIWARI 09.05.2025 Item no. 76 Present: Mr. Samarendra Kumar, counselfor applicant bank. Defendants are o<-parte, since, 05.02.2020. Matter is taken through Video C.onferencing/ hybrid Mode. IA no.934/2o25 has been filed by the applicant bank for withdrawal of the Present TA. The Ld counsel for the applicant bank submits that the Respondents approached the Applicant Bank for amicable settlement and proposed to pay the total outstanding dues to settle the entire liability. That the Respondents have already paid the entire settlement amount to the Applicant Bank and the Applicant Bank has issued the No Dues C-eftificate, hence nothing remains to recover against the Respondents in the present Original Application. He further submits that she wish to withdraw the Present TA. The Ld. @unsel of the applicant has also requested for refund of the court 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 Kaur & Orc. The Hontle Supreme Court has considered the matter and has held that: Para 6- The refund of ourt fs is permissible only if, the matter is referrd to ArbitratioO @nciliatioA judicial *tflement, including through Lok Adalat or mdiation for stttement and the cas is deiM in terms of such a ettlement a2d not otherwix. <).."' 1 i

Para 7- In the cas at hanQ the stdement in terms of which tlre wond appal was d*iM by the High Court is not on reference to any of the abve authorih;u/fon rather it was an amicable *tflement out of the court Para 8- Accordingly, we are of the opinion tfiat the petitioner is not entiild to refund of the auft frc and the High burt has not ammit@ any error 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 coutt fees cannot be refunded. Therefore, the prayer of the applicant for refund of court fees is hereby declined. IA no.934/2O24 is attowed. TA 2OS|2O23 is dismissed as withdrawn, being amicably setfled. All the pending IAs stand disposed of. Fib be consigned to record room. _.-.--A. (susHrl KUMAR drSrOCr) PRESIDING OFFICER, DRT-II, Delhi A