STATE BANK OF INDIA vs M/S. NEXTGEN EXPORTS PRIVATE LIMITED AND ORS on 13 June 2025

Debts Recovery Tribunal-Il, Delhi TAl96212024 STATE BANK OF INDIAVs M/S. NEXTGEN EXPORTS PRIVATE LIMITED AND ORS 13.06.2025 Item no.45 Present: Mr. Raj Kumar, Prory Counsel for Mr. Pradeep Dhaka, Counsel for applicant bank Mr. Khalid Abdullah, Counsel for defendant no.2 None for other defendants Matter is taken through Video Conferencing/Hybrid mode. IA no.463712024 has been filed by the applicant bank for withdrawal of the present TA. The Ld. Counsel for the applicant bank submits that the applicant bank has taken over the physical possession of moftgaged property. Thereafter the applicant bank has auctioned the mortgaged propefi and sale proceeds have been appropriated in the loan account of the defendants and thereby the applicant bank recovered the entire dues and accordingly the loan account of the defendants stands closed. Therefore, he wishes to withdraw the present TA. The Ld. Counse! of the applicant has also requested 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 dated 28.01.2025 titled as Jage Ram Vs Vd Kaur & Ors. The Honble Supreme Court has considered the matter and has held that: Para 6- The refund of court fes is permissible only if, the matter is referrd to ArbitratioO Conciliation, judicial fittlement, including through Lok Adalat or mediation for sttlement and the ase is decided in terms of such a settlement and not otherwise. Para 7- In the ase at hand, the sexlement in terms of which the second appal was decided by the High Court is not on reference to any of the above authorities/fora rather it was an amicable settlement out of the court. .--/ {)...

Para B- Accordingly, we are of the opinion that the petitioner is not entiild to refund oi ne court fffi q1d the High Court has not committd any error or illegality in refusing such a prayer.,, In..view of tlre above, it is clear that if the matter has been settled out of the court without any reference from ttre court or Tribunal, the court fees cannot be refunded. fnerefore, ih; prayer of the applicant for refund of court fees is nlreUy decr i ned.' rA no.4637 I 2024 is a r rowed . T N goit zoz4 is dism issed as withdrawn. File be consigned to record room. T, (susHrL Xtfrnn RAsToGr) PRESIDING OFFICER DRT-II, De|hi