CORPORATION BANK vs Ms SHIVANI KUMARI AND ORS on 14 October 2026

Debts Recovery Tribunal-Il, Delhi rAlLo93l2024 CORPORATION BAI{K Vs MS SHIVANI KUMARI AND ORS t4.10.2026 Item no. 72 Present: Shri Vishnu Jaysaval, counsel for applicant bank. None for defendants. Matter is taken through Video Conferencing/ Hybrid Mode.

2. IA no.1083l2026 has been filed by the applicant bank for withdrawal of the present OA and refund of the couft fee,

3. The Ld. Counsel for the applicant bank has submitted that defendants have already paid the entire to the applicant certificate, hence nothing remains to recover against the defendants in the present OA. Therefore, it is prayed to withdraw the present OA and prayed for refund of the couft 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 defendants have already paid the entire to the applicant certiflcate, therefore, the court fees may be refunded as per provisions contained in the rules. In this regard theW Hontle Supreme Court has passed the order in SLP(c) No(s).723l2023 dated 28.01.2025 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 fes is permissible only if the matter is referrd_1o,. Arbitrattb4 Conciliabon, gli judbial settlement, including through Lok Adalat or mediation for sefflement 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 recond appeal was decidd by the High @urt 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 opinbn that the ptitbner is not entitld to refund of the aurt fes and the High hurt has not committed any error or illegality in refusing such a prayer."

6. In view of the above, TA|LO93|2O24 is dismissed as withdrawn.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 The matter has been withdrawn due to defendants have already paid the entire to the applicant certificate. Therefore, the prayer of the applicant bank for refund of court fees is hereby declined. All the pending IAs stand disposed of. IA no.1083/2026 is disposed off accordingly. File be consigned to record room. s) (susHrl KUTqAR RASTOGT) PRESIDING OFFICER DRT-II, Delhi P