PUNJAB NATIONAL BANK vs M/S MRIDULA HEALTH CARE PVT LTD on 20 May 2025

Debts Recovery Tribuna!-Il, Delhi TAl260l2022 PUNJAB NATIONAL BANKVS M/S MRIDULA HEALTH CARE PvT LTD 20.05.2025 Item no. 13 Present Shri Pritam Biswas, counsel for applicant bank. None for defendants. Matter is taken through Video Conferencing/ Hybrid Mode.

2. IA no.132212025 has been filed by the applicant bank for withdrawal of the present OA.

3. The Ld. Counsel for the applicant bank submits that matter has been settled between the parties and defendants have deposited the overdue amount with the applicant bank. It is further submitted that the loan account of defendants has been regularized by the applicant bank. 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 couft fees may be refunded as per provisions contained in the rules. In this regard the Honble Supreme @urt has passed the order in SLP(c) No(s).723/2023 dad 28.01.2025 titld as Jage Ram Vs Vd Kaur & Orc. The Hontle Supreme Court has considered the matter and has held that: a=

Para 6- The refund of court fee is permissible only ili, the matter s referrd to ArbitratbL ConciliatioL judicial *ttlement, including through Lok Adalat or mediation for settlement and the case is d*idd in terms of such a sdilement and not otheruis. Para 7- In the case at hand, the sttlement in terms of which the scond appeal was dxiM by the High Court r's not on referene to any of the afuve authoritiu/fora rather it was an amicable setflement out of the court Para 8- Accordingly, we are of the opinion that the ptitioner is not entitld to refund of the court fes and the High Court has not commitd any error or illqality in refusing such a prayer."

6. In view of the above, TA126012O22 is dismissed as withdrawn.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 The matter has been withdrawn due to the mafter has been settled between the parties and the account of defendants has been regularized. Therefore, the prayer of the applicant bank for refund of court fees is hereby declined. All the pending lAs stand disposed of. IA no.132212025 is disposed off accordingly. File be consigned to record room. Date already fixed on 12.016.2025 before this Tribunal stands cancelled. cJ\, (SUSHIL KUMAR RASTOGI) PRESIDING OFFICER DRT-II, Delhi P