Debts Recovery Tribunals and Appellate Tribunals
PUNJAB NATIONAL BANK vs OTIK HOTELS AND RESORT PVT LTD on 20 May 2025
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
Debts Recovely Tribunal-Il, Delhi TAl986l2022 PUNJAB NATIONAL BANK VS OTIK HOTEIS AND RESORT PvT LTD 20.05.2025 Item no. 19 Present: Shri A.K. Bhardwaj, counsel for applicant bank. None for defendants. Matter is taken through Video Conferencing/ Hybrid Mode.
2. IA no.49912025 has been filed by the applicant bank for withdrawal of the Present TA.
3. The Ld. Counsel for the applicant bank submits that during the pendency of the present O.& defendants approach with the applicant bank and matter has been settled and account of the defendants has been closed. Therefore, he wishes to withdraw the present OA' Ld. Counsel for applicant bank also prayed for refund of the court fee.
4. Heard the Ld. Counsel for 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 is amicably settled between the parties 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 Couft has considered the matter'and has held that: Para 6- The refund of court fu6 is permissible only if, the matter is referrd to Arbitration, ConciliatioL judicial settlemenl including thragh Lok Adalat or g"x i mediation for sttlement and the care is dxidd in terms of such a settlement and not otherwis. Para 7- In the care at hand, the sttlement in terms of which the wond appal was dqiM by the High Coutt is not on referene to any of the above authoities/fora rather it was an amicable rettlement out of the court Para 8- Accordingly, we are of the opinion that the petitioner is not entidd to refund of the court fee and the High Court has not committd any enor or illqality in refusing such a pnyer." 6, In view of the above, TA1986120,22 is dismissed as withdrawn.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. Therefore, the prayer of the applicant bank for refund of court fees is hereby declined. All the pending IAs stand disposed of. IA no.49912025 is disposed off accordingly. File be consigned to record room. .\ g^ (SUSHIL KUMAKRASTOGI) PRESIDING OFFICER DRT-II, Delhi P