STATE BANK OF INDIA vs M/S LAXMI ENTERPRISES on 3 June 2025

Debts RecoverY Tribuna!-Il, Delhi TAl46212022 STATE BANKOF IilDIAVS M/S LAXMI ENTERPRISES 03.06.2025 Item no'74 Present: Mr. Sahil Patel, Counsel for applicant bank None for defendants Matter is taken through Video Conferencing/Hybrid mode' IA no.515o 12024 has been filed by the applicant bank for withdrawal of the Present TA. The Ld. Counsel for the applicant bank submits that the OefenOants regularized the WCTL loan account no' +oroeghra6. s'ince the defendants have regularized the loan account after issuance of summon only and before service of [nt-ir.rons of this Hon'ble Tribunal' Hence, the applicant tir[*irn", to withdraw the present Transfer Application..Ld. d;;i i"; applicant bank atso prayed for return of the original documents. matter and has held that: The Ld. Gounsel of the applicant has also rcquested for [frrJ oiihe couft fees.'I[ is submitted that the matter has G" i"gJuiized and therefore, the court fees may be refunded ut-p"ii,r*isions contained in the rules' In this regard !!e- i"tltr"'Srpr"r. Court nas passed -the order in 9LP(c) 'wiO)zi/ioii datd 28.01.20i5 tittd as Jase Ram vs.vd l@ur & Orc. The Hontle Supreme Court has considered the Para 6- The refund of court fes is permissible only ,f th; mater is refend to Arbitration, Conciliation' jLiciat settlement, including through Lok Adalat or '*Aition for rettlement aid tne cas is drcidd in terms of such a rettlement and not othenvise' Para 7' In the cax at hand, the etdement in terms of which the srcond appeat was decidd by the High Court is not on reierence to any of the above authorities/fon rather it was an amicable sttlement out of the court- Para 8- Accordingly, we are of the opinion that the petitioner is not entittd to refund of the aurt fes 'and the High Court has not committd any effor or ittqality ii refusing such a prayer"' In view of the above, it is clear that if the mafter has been r"ttf"O out of the court without any reference from the court or iiiUr".r,-n" couft fees carylot -be refunded' Therefore' the 4r\

In view of the above submission made by the Ld' Counsel for appficant bank, lA no.5150/2024 is allowed ' TN46212022 is Oir:rit*O as withdra*n. Registry is directed to l€turn the oiiginat documents afteikeeping the certified copies prayer of the applicant for refund of court fees is hereby declined. on recolds. File be consigned to record room. SA' (SUSHIL KuPrart RASTOGI) PRESIDING OFFICER DRT-II, Delhi