STATE BANK OF INDIA vs MR JITENDER GUGLANI on 20 June 2025

Debts Recovery Tribunal-Il, Delha TAl20,6l2024 STATE BANK OF INDIA Vs MR JITENDER GUGLANI 20.06.2025 Item no.l1 Present: Mr. Pradeep Dhaka, Counselfor applicant bank Ms. Ritu, Prory Counsel for Mr. Rahul Majumdar, Counsel for defendant no.2 None for defendant no.l Matter is taken through Mdeo Conferencing/Hybrid mode. IA no.126412025 has been filed by the applicant bank for withdrawal of the present TA. The Ld. Counsel for the appticant bank submits that during the continuance of the pleading of the case before this Hon'ble Tribunal, the defendants have cleared their liability. As the loan account has already been closed in the books of the applicant bank and nothing remains to reover from the defendanb. As the loan account has already stands closed, no purpose would be served with conUnuance of the present original application and as such the applicant bank wishes to withdraw the said transfer application No. 20612024. The Ld. 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 Hontle Supreme Court has passed the order in SLP(c) No(s).723/2023 datd 28.01.2025 titld as Jage Ram Vs Vd Kaur & Ots. The Hontle Supreme Court has considered the matter and has held that: Para 5- The refund of ourt frc is permissiblq only if the matter is rcferrd to ArbitratioL @nciliatioL judicial settlement, including through Lok Adalat or mdiation for etflement and the care is drcidd in terms of such a stflement and not otherwis. Para 7- In the as at han4 the stdement in terms of which the wond appal was dsidd by the High Court is not on reference to any of the above authorities/fon raffter it was an amiable etilement out of the court. Para 8- Accordingly, we are of the opinion that the petitioner is not entidd b refund of the court frc and the High Court has not committd any enor or illegality in refusing such a prayer." ^

In view of the above, it is clear that if the mafter has been settled out of the court without any reference from the court or Tribunal, the court fees 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 banlq IA no.L26412025 is allowed. TN20612024 as dismissed as withdrawn. File be consigned to record room. sl- (susHrl KUFTAR RASTOGT) PRESIDING OFFICER DRT-II, Delhi