Debts Recovery Tribunals and Appellate Tribunals
STATE BANK OF INDIA vs Bhuvnesh 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 Recovela Tribunal-Il, Delhi TAlL64'sl2O2s STATE BANK OF INDIAVS BHUVNESH CHADHA 20.0s.2025 Item no. 17 Present: Shri Pradeep Dhaka, counsel for applicant bank. None for defendants. Matter is taken through Video Conferencing/ Hybrid Mode.
2. lA no.77312025 has been filed by the applicant bank for withdrawal of the present OA.
3. The Ld. Counsel for the applicant bank submits that during the pendency of the T& defendants have settled their loan account and the loan account of the defendants has been closed. Therefore, he wishes to withdraw the present TA. 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 partie 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 tttld as Jage Ram Vs Vd Kaur & Orc. The Hontle Supreme Court has considered the matter and has held that: Para 6- The refund of court fes is permissible only if, the maffier is referrd to Arbitration, Conciliatioq iudicial sexlement, including tly.1gqn Lok Adalat or (-\
mediation for rettlement and the care is duidd in terms of such a settlement and not othetwise. Para 7- In the case at hand, the sXlement in terms of which the scond appeal was dqidd by the High Court is not on reference to any of the above authorities/fora rather it was an amicable sttlement out of the court Para 8- Accordingly, we are of the opinion that the petitioner is not enfrtld to refund of the court fes and the High Court has not committd any error or illqality in refusing such a prayer."
6. In view of the above, TAlLilSl2O23 is dismissed as withdrawn.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 parties. Therefore, the prayer of the applicant bank for refund of couft fees is hereby declined. All the pending IAs stand disposed of. IA no.77312O25 is disposed off accordingly. File be consigned to record room. 9, (SUSHIL KUMAR RASTOGI) PRESIDING OFFICER DRT.II, DCIhi P