Debts Recovery Tribunals and Appellate Tribunals

STATE BANK OF INDIA vs Patel Neetaben NARESHBHAI on 17 September 2026

ऋण वसुली अधिकरण - २, अहमदाबाद

Debts Recovery Tribunal - II, Ahmedabad

DRT-II/AHD/5-21/2026-27

Date : 17/09/2026

PUC is the application filed by SBI (through Adv. Kapil Jha) at Inward No. 2328 dated 29.07.2026 (MA No. 45/2026) stating that Original Application No. 107/2026 has been disposed of on 04.07.2026 with order of refund of court fees and accordingly applied for the same.

The application for refund of court fee moved under the following circumstances:

"The applicant does not want to proceed further in the instant matter and the case has been withdrawn before Tribunal on 04.07.2026 & the defendant has paid an amount of Rs. 17,00,000/- and hence the case has been withdrawn vide Order dated 04.07.2026"

The prescribed fee of Rs. 250/- for the present application vide Bharat Kosh Transaction ref. No. 2907260049694 dated 29.07.2026 has been paid as per receipt enclosed.

The Case details are as below:

<table border="1"><tr><td>a) Case No.</td><td>:</td><td>Original Application No. 107/2026</td></tr><tr><td>b) Names of parties</td><td>:</td><td>SBI VS Neetaben Nareshbhai Patel</td></tr><tr><td>c) Claim amount</td><td>:</td><td>₹ 32,58,993/-</td></tr><tr><td>d) Court fee paid</td><td>:</td><td>₹ 35,005/-</td></tr></table>

The amount of court fee paid by the applicant has been verified from the relevant records and found credited to the respective account head.

Vide Order dated 09/09/2023 passed in Writ Petition No. 5229 of 2022 by the Hon'ble High Court of Judicature at Bombay, Rule 5(1) of the Debts Recovery Tribunal (Refund of Court Fee) Rule, 2013 cannot be construed to mean that in the present case, where the case has been withdrawn on account of settlement, a consent needs to be obtained from the defendant and/or a joint application be presented.

In this context, Rule 4 of the Debts Recovery Tribunals (Refund of Court Fee) Rules, 2013 is as below:

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The Presiding Officer of the Tribunal before which any case is filed for settlement of the dues of the Banks and Financial Institutions may order refund of fee remitted at the time of filing the case at the following rates:

- (a) 50 per cent of the free remitted in the cases which are settled prior to the commencement of the hearing before the Tribunal;

- (b) 25 per cent of the free remitted in the cases which are settled at any stage of the proceedings before the final order by the Presiding Officer is passed.

On perusal of the case records, it is apparent that the present case is disposed of prior to the commencement of the hearing.

In the above circumstances, the instant case comes under clause (a) above.

Accordingly, submitted for necessary directions and order please.

Section Officer

Ld. Assistant Registrar

Put up before the Registrar

Assistant

Under Rule 5(2) of the Debts Recovery Tribunals (Refund of Court Fee) Rules, 2013, the Registrar shall certify the amount of court fee remitted in the case and the amount to be refunded and place the application before the Presiding Officer.

Accordingly, the amount of refund comes to ₹ 17,500/- (Rs. Seventeen thousand five hundred only) i.e. 50% of the court fee deposited.

Put up before the Hon'ble Presiding Officer for appropriate order; please.

Registrar

DRT - II Ahmedabad

ORDER

Under Rule 5(3), of the Debts Recovery Tribunals (Refund of Court Fee) Rules, 2013, the applicant be remitted 50% of the amount of court fee deposited i.e. ₹ 17,500/- (Rs. Seventeen thousand five hundred only). The Registrar to act as per Rule 5(4) of the Debts Recovery Tribunals (Refund of Court Fee) Rules, 2013.

Presiding Officer, DRT - II, Ahmedabad

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