Debts Recovery Tribunals and Appellate Tribunals
STATE BANK OF INDIA vs OM PRAKASH on 11 June 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 Recovery Tribuna!-Il, Delhi TAltill2023 STATE BANK OF INDIA Vs OM PRAKASH AND oRs 11.06.2025 Item no.09 Present: Shri Pradeep Dhaka, counselfor applicant bank. Ms. Ritu, prory counsel for defendant no. 2. None for defendant no. 1. Matter is taken through Video Conferencing/ Hybrid Mode.
2. IA no.164812025 has been filed by the applicant bank for withdrawal of the present OA.
3. The Ld. Counsel for the applicant bank submits that the matter has been settled between the parties and defendants have cleared their liability. It is further submitted that the loan account has already been closed in the books of the applicant bank and nothing remains to recover from the defendants. Therefore, Ld. Counsel for applicant bank wishes to withdraw the present OA and prayed for refund of the couft fee.
4. Heard the Ld. Counsel for applicant bank and perused tte records.
5. The Ld. Counsel of the applicant bank has requested for refund of the court fees. It is submitted that the matter has been settled between the parties and therefore, the court fees may be refunded as per provisions contained in the rules. In this regard the Hontle Supreme Court has passed the order in SLP(c) No(s).723/2023 datd 28.01.2025 tided 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 frc is permissible only if the matter is referrd lo /rbitntlon, hnciliatrbn, <.\
judicial settlemenl including through Lok Adalat or mediation for sttlement and the care is dsridd in terms of such a settlement and not otherwi*. Pan 7- In the case at han4 the setflement in terms of which the ssond appeal was duided by the High Court is not on rcference to any of the above auffiorities/fon ralher it was an amiable sttlement out of the court Pan 8- Accordingly, we are of the opinion that the petitioner is not entftld to refund of the court fes and the High Court has not ommittd any error or illqality in refusing such a prayer."
6. In view of the above, TAlLill2O23 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 court fees is hereby declined. All the pending IAs stand disposed of. IA no.l6tl8l2O25 is disposed off accordingly. File be consigned to record room. e)^ (susHrl KUMm RASTOGT) PRESIDING OFFICER DRT-II, Delhi P