CORPORATION BANK vs HARI PAL AND ORS on 26 May 2025

Debts Recovery Tribunal-Il, Delhi TAl9s5l2024 CORPORATION BANK Vs HARI PAL AND ORS 26.05.2025 Item no.12 Present: Ms. Rekha Rustagi, Counsel for applicant bank None for defendants Matter is taken through Video Conferencing/Hybrid mode. IA no.113112025 has been filed by the applicant bank for withdrawal of the present TA. The Ld. Counsel for the applicant bank submib that the subject matter of the above titled Claim Application has been settled by way of OTS, as approved by the Competent Authority. The defendant has paid the entire settled amount and nothing is due to the Applicant Bank in the subject matter. She fufther submits that she wish to withdraw the present TA. The l-d. Counsel of the applicant has also rcquested 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 Court has passed the order in SLP(c) No(s).723/2023 datd 28.01.2025 titld as Jage Ram Vs Vd lGur & Ors. The Honble Supreme Court has considered the matter and has held that: Pan 6- The refund of coutt fes is permissible only if, the mafuer is refend to Arbitratb4 &nciliation, judicial settlement, including through Lok Adalat or mdiation for sttlement and the cas is dsidd in terms of such a stilement and not otherwis. Para 7- In the cax at hand, Arc stdement in terms of which the wond appal was drcidd by the High Court is not on reference to any of the above authoities/fora rather it was an amiable settlement out of the ourt Para 8- Accordingly, we are of the opinion that the petitioner is not entitld to refund of the @urt f# and the High @urt has not ommifud any error or illqality in refusing such a prayer." In view of the above, it is clear that if the matter has been seftled out of the court without any reference from the couft or Tribunal, the court fees cannot be refunded. Therefore, the prayer of the applicant for refun{ of court fees is hereby 9I

declined. lA no.1131/2025 is allowed. TN95512024 dismissed as withdrawn. ts The date already fixed on 14.08.2025 before this Tribunal stands cancelled. FIle be consigned to record room. cl\ (SUSHIL KUMAR RASTOGI) PRESIDING OFFICER DRT-II, Delhi