BANK OF BARODA vs M/S JAI MAA DURGA TRADEX PVT. LTD. on 18 June 2025

Debts RecoverY Tribunal-Il, Delhi TAl69212024 BANK OF BARODA VS M/S JAI MAA DURGA TRADEX PVT. LTD. 18.06.2025 Item no.37 Present: Mr. Sougat Sinha, C-ounsel for applicant bank None for defendants Matter is taken through Video Conferencing/Hybrid mode' that IA no.130912il25 has been filed by the applicant bank for withdrawal of the Present TA. The Ld. C.ounbel for the applicant bank submits that the One rime setttement has been'arrived between the applicant bank unO tn" borrower and the said loan account of the borrower nis ueen regularized. The present dispute is settled between ure ipprrcani bank and defendants on the basis of the oTS. ri1lr"?6r", applicant bank prays for withdrawing the above- noted Transfer Application from this Hon'ble Court' The Ld. Counsel of the applicant has also requested for refund of the court fees. It is submitted that the matter has been t"ttf"O and therefore, the court fees may Oe refu{ed-gs p"i-pt*iilons contained in the rules' In this regard tne !!1-tle- fipi;; Court has passed the order in 1LP(c) No(s):7?3/2923 -ttA ia.0t.2025 fr'fld as Jage Ram vs ved Kaur & orc'The lontf" Supreme Couft has cdnsidered the matter and has held Para 6- The refund of court fees is permissible only ii ne mat@r is refend to Arbitration, Conciliation' iudiciat *ttlement, inctuding through Lok Adalat or '*iition for sttlement and the case is decidd in terms of such a stilement and not otherwise' Para 7- In tte cag at han4 the settlement in terms of which the wond appat was decided by the High @urt is not on reierence to any of the above iiiorities/fora rather it was an amicable settlement out of the ourt Para 8- Accordingly, we are of the oplion that the iiti*", is not-entttld to refund of the court fes ia n" High Court has not commixd any etor or ittqality iirefusing ssch a PmYer"' In view of the above, it is clear that if the matter has been one iir"-t"ttf"*"nt (OT3) out of the coutt without any reference iro, $r" iorrt oi rtiornit, the couf,pes cannot be refunded'

Therefore, the prayer of the applicant for refund of court fees is hereby declined. In view of the above submission made by the Ld. Counsel for applicant bank, IA no.1309/2025 is allowed. TA169212024 is dismissed as withdrawn. File be consigned to record room. ^ (SUSHIL KU I\NAR RASTOGI) PRESIDING OFFICER DRT-II, Delhi