Partly allowed

Indian Bank v. Rajesh Projects India Pvt. Ltd.

DRT23 Jul 2025OA/281/2023

Case brief

AI extract

What is this about?

This tribunal allowed the applicant bank to withdraw its original appeal after the parties settled the dispute via a Compromise Settlement dated 27.09.2024. The court refused the prayer for refund of court fees, distinguishing the case from a Supreme Court order where the settlement followed a court order to refer to arbitration or mediation since this settlement was amicable and out of court.

What did the court decide?

Withdrawal of Original Appeal allowed; request for refund of court fees rejected; return of original documents ordered.

Indian Bank versus Rajesh Projects India Pvt. Ltd. — Civil Procedure and Limitation | DRT (2025)

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Debts Recovery Tribunal-Il, Delha

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oAl28Ll2023

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INDIAN BANK Vs RATESH PROJECTS INDIA Pw LTD

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23.07.2025

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Item no.58

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Present: Ms. Smita, Prory Counsel for Mr. RK Sinha, Counsel for applicant bank

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Mr. Anand Aggarwal, Counsel for defendants

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Matter is taken through Video Conferencing/Hybrid mode.

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IA no.453812024 has been fited by the applicant bank for withdrawal of the present OA.

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The Ld. Counsel for the applicant bank submits that that the matter has been settled in between the parties in terms of the Compromise Settlement dt.27.09.2024 whereby the One T'ime Settlement Payment of Rs. 16.85,00,000/- (Rs. Sixteen Crore and Eighty Five Lacs Only) against the due amount of Rs. 24,77,00,000/- (Rs. Twenty Four Crores and Seventy Seven Lacs Only) has been accepted by the applicant bank subjected to the terms and conditions. Hence, the applicant bank in pursuant to the terms and conditions of the Compromise Agreement prays for the issuance of the Consent Decree from this Hon'ble Tribunal. The copy of the Compromise SetUement dt.27.09.2024 is annexed. Now the applicant bank seeks the kind permission of this Tribunal to issue a joint Consent Decree on the basis of the Compromise Agreement dt. Z7.O9.ZOZ4 pending before this Tribunal for adjudication and to return the original documents, if any, that was submitted in the present case for the perusal of this Tribunal. Hence, the applicant bank wishes to withdraw the present OA. The Ld. Counsel for the applicant bank has also requested to return the original documents filed if any.

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The Ld. Counsel of the applicant has also requested for rcfund of the court fees. It is submitted that the matter has been settled and therefore, the couft fees may be refunded as per provisions contained in the rules. In this regard the Honble Supreme Court has passed the order in SLp(c) No(s).723/2023datd 28.01.2025 tittd as Jage Ram Vs Vd Kaur &Ors. The Honble Supreme Court has considered the matter and has held that:

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Para 6- The refund of court fes is permissible only if, the matter is referrd to Arbitration, Conciliatio4 judicial ettlemenl including through Lok Adalat or mdiation for ettlement and the ase is dsidd in terms of such a settlement and not otherwie.

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Para 7- In the case at hand, the settlement.in terms of which the econd appeal was duided by the High Coutt is not on reference to any of the above authorities/fora rather it was an amicable setilement out of the court.

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Para 8- Arcordingly, we are of the opinion that the petitioner is not entiild to refund of the court fes a1d the High Court has not commifud any eror or illegality in refusing such a prayer.,,

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In view of the above, it is clear that if the matter has been settled out of the court without any reference from tne court or Tribunal, the court fees cannot be refunded. Therefore, tht qray.er .of !!" applicant for refund of couft fees is nereOy 1T.lild.,^{Tterefore,the IAno.453}/2024} is ailowed. ON28U2O23 is dismissed as withdrawn. iegistry is directJ to return the original documents, if any, arte. feeping the certified copies on records.

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File be consigned to record room.

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gJ..

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(SUSHIL KUMAR RASTOGI) PRESIDING OFRCER DRT-II, Delhi

Indian Bank v. Rajesh Projects India Pvt. Ltd.

Case brief

What is this about?

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Indian Bank v. Rajesh Projects India Pvt. Ltd.

Case brief

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