Yes Bank v. Sai Roadlines
Case brief
What is this about?
Debts Recovery Tribunal allowed withdrawal of drawer and dismissed original application as withdrawn after settlement of accounts, but declined prayer for refund of court fees as settlement was out of court per Supreme Court precedent.
What did the court decide?
Withdrawal of Original Application allowed. Application on merits dismissed as withdrawn. Prayer for refund of court fees declined.
What the court decided
Debts Recovery Tribunal-Il, Delhi
oAl34212O2s YES BANK Vs SAI ROADLINES MISHRA
24.07.2025
Item no.32
Presentl Ms. Sonia Rawat, Counsel for applicant bank None for defendants
Matter is taken through Video Conferencing/Hybrid mode.
IA no.2o53l2025 has been filed by the applicant bank for withdrawal of the present OA.
The Ld. Counsel for the applicant bank submits that the matter has been settled and the loan accounts of the defendants has been closed accordingly. Therefore, the applicant bank seeks permission of this Hontle Tribunal to withdraw the present Original Application, as settled.Hence, the applicant bank wishes to withdraw the present OA.
The Ld. Counsel of the applicant has also requested for refund of the court fees. It is submitted that the matter has been settled and therefore, the court fees may be refunded as per provisions contained in the rules. In this regard the Hontle Supreme Court has passed the order in SLp(c) No(s).723/2023dated 28.01.2025 titld as Jage Ram Vs Vd Kaur &Orc. The Hontle Supreme Court has considered the matter and has held that:
Pan 6- The refund of couft fes is permissible only it the matter is referrd to Arbitratioq Concilntion, judicial settlement, including through Lok Adalat or mdrbtion for sfflement and the case s decidd in terms of such a sttlement and not otherwis.
Issues for consideration
2 issues framed by the court
Whether court fees are refundable when a dispute is settled out of court without reference to arbitration, conciliation, Lok Adalat, or mediation.
Whether the Original Application shall be allowed for withdrawal given the settlement of the disputed loan accounts.
Parties & counsel
- applicant
YES BANK
- applicant
SAI ROADLINES MISHRA
Coram
SUSHIL KUMAR RASTOGI
Case details
As recorded by the court registry
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