PUNJAB NATIONAL BANK vs SATISH PANDEY on 19 June 2025

] Debts Re(overy T Tribunal-Il, Delhi ;rA/38 12022 PUNJAB NATIOtr{AL BANK VS SATISH PANDEY Item no.38 19.06.2025 Present: Mr. Prashant Kumar, Counsel for applicant bank None for defendants M atter is taken ttrreeglt#ideo Conferenci n g/Hybrid mode. -if :+. i'ir The ld. Counsel for.-affiicant bank submitted that matter has been settled and the account ,,fras been regularized. He further submits that he wish to withdraw the present TA. The Ld. CounseJ of the applicant has also requested for refund of the.court fees. It is submitted that the matter has been settled and therefore, the coutt fees may be refunded as per provisions contained in the rules. In this regard the Hon'ble Supreme Court has passed the rorder in fiLP(c) No(s).723/2023 dated 28,01.2025 titted as Jage Ram Vs Ved Kaur & Ors. The Hon'ble Supreme Court has considered the matter and has held that: court fees is permissible only if, the matter is to Arbitration, Conciliation, iudicial through Lok Adalat or mediation settlement, for settlement and the case is decided in terms of such a settlement and not otherwise. Para 7- In the case at hand, the settlement in terms of which the second appeal 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 8- Accordingly, we are of the opinion that the petitioner is not entitled to refund of the court fees and the High Court has qot committed any eror or illegality in refisingt stlc@ffiler. " In view of the above, it is clear that if the matter has been settled out of the court without,lany reference from the court or Tribunal, the court fees cannot be refunded. Therefore, the prayer of the applicant for refund of couft fees is hereby declined. In view of the above submission made by the Ld. Counsel for applicant bank,.TA/3812022 is dismissed as withdrawn. File be consigned to record room. (susHrl KUrvrAR RASTOGI) PRESIDING OFFICER DRT-II, Delhi c I I : l I I ll& t"'l 'ri