Allowed

State Bank of India v. Ms Gmr Rajahmundry Energy Ltd. and Ors.

DRT16 Jun 2025OA/175/2024

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal allowed the applicant bank to withdraw an original application after the defendants settled their dues. While the withdrawal prayer was granted, the court declined the prayer for refund of court fees as the settlement was an out-of-court compromise.

What did the court decide?

The prayer to withdraw the original application and place the satisfaction on record was allowed. The prayer for refund of court fees was declined.

State Bank of India versus Ms Gmr Rajahmundry Energy Ltd. and Ors. — DRT (2025) — LawSathi Research

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Debts Recovery Tribunal-Il,^Delhi

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oLlL7sl20.24

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STATE BAI{K OF II{DIA^{VS MS GMRRA,AHMUNDRY} ENERGY LTD AND^ORS

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16.06.202s

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Item no.33

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Present: Mr. Bheem Sen Jain,^{Counselfor applicant bank} None for defendants

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Matter is taken through^{Mdeo Conferencing/Hybridmode.}

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IA no.1679 t2O25^{has been filed by the applicant bank for} withdrawal of the Present^OA.

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The Ld. Counsel for the^{applicant banksubmits that during the} pendency of the capUoned Original^{ApplicaUon, defendants' no'} 1 to 4 offered to^{settlethe dues to the applicant bank. Pursuant} to the aforesaid offer,^{the applicant bank vide OTS sanction} letter No. SARG/^{INFRAUAMT-U061202+25dated} 26.03.2025 and OTS^{Extensionsanction letter No. SARG/} irrrrm-v AMT-U OLI^{2025-26dated28.05.2025 wds pbased to} accept the offer made^{by defendanEno' 1 to 4 to pay an} amount of Rs. 54,85,00,000.00^{(RupeesFifty Four Crores} Eighty Five Lakhs only)^{towards the duesof the applicant bank} qua tire credit hciliUes availed by^{defendant no. 1 (Borrower)'} dubsequenUy, the applicant^{bank issuedNo Dues (Borrower} and Corporate Guarantors)^{and DefendantNo. 1 to 4 (Security} Trusteej on ac@unt of^{receipt of amount as per the one-time} settlement approved by^{the Applicant Bank. Copy of the No} Dues Certificate^{dated 09.06.2025 issued by Applicant Bank' In} view of the aforesaid^{payments receivedby the Applicant Bank} from the Defendant^{Company,entire claim of the Applicant} Bank against the^{DefendantsNo. 1 to 4 under ,the Original} Applicat-'on stands^{setHedand fully satlsfred. Accordingly, the} nb'pncant Bank^{prays leave of this Hon'ble Tribunalto place the} saib saUsfaction on^{record and withdraw the Original} Application as settled.

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The l-d. Counset of^{tlre applicanthas also requesbd for} refund of the court^{fees. It is submittedthat the matterhas} been settled^{and therefore,the court fee may be refunded as} per provisions contained in the^{rules. In this regardne} !!o1!!ebrpi"r" Court^{has passedthe order in SLP(c) No(9'7?3/2023} aitA 2a.0t.2025 titld^{as Jage Ram Vs vd Kaur & orc'The} Honble Supreme^{Courthas considered the matter and has held} that:

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Pan 6- The refund of^{court fes is permissible only} it the matter^is rcferrd^{to ArbitratioqConciliation,} ludiciat^{xttlement,includingthrough Lltk Adalat or} Y

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mdiation for sttlement^{and the cas is duidd in} terms of such a stdementand^{not otherwi*.}

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Pan 7- In the as at^{han4 the stdementin Erms} of which the smd appal^{was deidd by the High} Court is not on referene^{to any of the abve} authoitis/fon^{rather it was an amicable stilement} out of the ourt

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Pan 8- Amrdingly,^we are^{of the opinionthat ffie} petitioner is not entiild to refund of^the ourt^frc and the High @uft^{has not committdany enor or} illqality in refusing^{sucha prayer."}

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In view of the above,^{it is clear $at if the matter has been} settled out of the^{court without any referencefrom the court or} Tribunal, the court fees^{cannot be refunded. Therefore, the} prayer of the applicant for refund of court^{fetb is hereby} dectined.

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In view of the above submission^{made by the l-d. Counsel for} applicant banK IA^{no.L67912025is allowed. ONL7512024is} dismissed as withdrawn.

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File be consigned to^{record rmm.}

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'A' (susHIL KUlvlAR RASTOGI) PRESIDING OFFICER DRT-II, Delhi

State Bank of India v. Ms Gmr Rajahmundry Energy Ltd. and Ors.

Case brief

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State Bank of India v. Ms Gmr Rajahmundry Energy Ltd. and Ors.

Case brief

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