INDIAN BANK (ALLAHABAD BANK) vs MR. SURBHI CHAUDHARY & ANR. on 20 May 2025

Debts Recovery Tribunal-Il, Delhi TAl477l2023 INDIAN BANK (ALI.AHABAD BANK) VS MR. SURBHI CHAUDHARY &ANR. 20.05.2025 Item no. 37 Present: Mr. R.K. Sinha, counsel for applicant bank. None for defendants. Matter is taken through Video Conferencing/ hybrid Mode.

2. IA no.45tgl2024 has been flled by the applicant bank for withdrawal of the Present TA.

3. The Ld. Counsel for the applicant bank submits that the matter has been settled between the parties in terms of the Compromise Proposal of OTS Amount of Rs. 62,00,000/- (Rs' Sixty Two Lacs Only) dated 30.09.2024. Whereby the Applicant Bank has received the total amount of Rs. 62,00,000/- (Rs' Sixty Two Lacs Only) as full and final settlement against the dues aggregating to Rs. 71,24,973/- (Rs. Seventy One Lacs Twenty Four Thousand Nine Hundred and Seventy Three Only) as on dated 30.09.2024.IheApplicant Bank does not have any ground to proceed fufther with the present case. He further submits that he wish to withdraw the present TA. Ld. counsel for applicant bank also prayed for return of original documents'

4. The Ld. Counsel of the applicant bank 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 Honble Supreme Couft has passed the order in SLP(c) No(s)'723/2023 dated 28.01.2025 tittd as Jage Ram Vs Vd-(aur & Ots' The S-\

Hontle Supreme Court has considered the matter and has held that: Para 6- The refund of court fes is permissible only ili, the matter is referd to Arbitration, Conciliation, judicial *tflemenC including through Lok Adalat or mdiation for sXlement and the a* is dqided in terms of such a settlement and not otherwis. Para 7- In the ase at hand the sttlement in terms of which the wond appal was deided by the High Court is not on reference to any of the above authorities/fora rather it was an amicable settlement out of the court. Para 8- Accordingly, we are of the opinion that the petitioner is not entitld to refund of the couft fees and the High Court has not committd any error or illqality in refusing such a prayer."

5. In view of the above, it is clear that if the matter has been settled out of the couft without any reference from the court or Tribunal, the court fees cannot be refunded. Therefore, the prayer of the applicant bank for refund of court fees is hereby declined. IA no.451312024 is allowed. TA 47712023 is dismissed as withdrawn. Registry is directed to return the originat documents after keeping the certified copies on records. Allthe pending IAs stand disposed of. File be consigned to record room. SA (susHrl KUMAR nnsrOCt) PRESIDING OFFICER, DRT-II, Delhi