STATE BANK OF INDIA vs MOHAMMAD FARHAN on 15 October 2026

Debts R.ecovery Tribunal-Il, Delhi TAl1s9,.l2023 STATE BANK OF INDIA Vs MOHAMMAD FARHAN 15.10.2026 Item no. 72 Present: Shri Yogesh Pachauri, counsel forapplicant bank. None for defendants. Matter is taken through Video Conferencing/ Hybrid Mode.

2. IA no.314212026 has been filed by the appticant bank for withdrawal of the present OA and refund of the couft fee.

3. The Ld. Counsel for the applicant bank has submitted that during the pendency of the aforesaid OA, the defendants approached the bank and settled the subject loan account i.e36461415197 in the present OA by paying the outstanding dues of the bank in full and final. It is submitted that the closure / no dues certificate dated 07.10.2026 issued by the applicant bank and the loan account of the defendants has been closed in full and final. Therefore, it is prayed to withdraw the present OA and prayed for refund of the court fee.

4. Heard the Ld. Counsel for applicant bank and perused the records.

5. The Ld. Counsel of the applicant bank has requested for refund of the court fees. It is submitted that the the defendants approached the bank and settled the subject loan account i.e36461415197 in the present OA by paying the outstanding dues of the bank in full and final, therefore, the court fees may be refunded as per provisions contained in the rules. In this regard theW Honble Supreme Couft has passed the order in SLP(c) No(s).723l2023 dated 29.0L.2025 €r titled as Jage Ram Vs Ved Kaur &Ors. The Hontle Supreme Court has considered the matter and has held that: Para 6- The refund of court fea is prmissible only if, the matter is referrd to Arbitratio4 Conciliation, judbial settlement, including through Lok Adalat or mediation for settlement and the case is decidd in terms of such a settlement and not otherwise. Para 7- In the ase at hand, the settlement in terms of which the wond appeal was duidd by the High @urt is not on reference to any of the above authorities/fora rather it was an amicable sXlement out of the court Para 8- Accordingly, we are of the opinion that the petitioner is not entiild to refund of the court frc and the High Court has not committed any error or illqality in refusing such a prayer."

6. In view of the above, TAlL59Ll2023 is dismissed as withdrawn.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 defendants approached the bank and seftled the subject loan account i.e36461415197 in the present OA by paying the outstanding dues of the bank in full and final. Therefore, the prayer of the applicant bank for refund of court fees is hereby declined. All the pending IAs stand disposed of. IA no.3L42l2O26 is disposed off accordingly. File be consigned to record room. q) (susHrl rrjNnn RAsToGr) PRESIDING OFFICER DRT-II, Delhi P