Allowed

Axis Bank v. Inderpreet

DRT29 Jul 2025OA/354/2025

Case brief

AI extract

What is this about?

The Debt Recovery Tribunal allowed the applicant bank's application to withdraw the ongoing application after the parties settled the dispute amicably. The tribunal declined the prayer for refund of court fees, citing a Supreme Court judgment that refunds are permissible only for settlements arising from judicial reference to arbitration or mediation, not out-of-court settlements.

What did the court decide?

IA no.19511/2025 allowed; preceding order no.19512/2025 dismissed as withdrawn; refund of court fees declined.

Axis Bank versus Inderpreet — Civil Procedure and Limitation | DRT (2025)

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Debts Recovela Tribunal-Il, Delhi

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oAl3s4l2o2s A)GS BANKVS INDERPREET KAUR

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29.07.2025

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Item no.16

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Present: Ms. Harshita Anand, Counsel for applicant bank

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Matter is taken through Video Conferencing/Hybrid mode.

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IA no.195112025 has been filed by the applicant bank for withdrawal of the present OA.

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The Ld. Counsel for the applicant bank submits herein that after filing the captioned matter, the defendants attempted to contact the applicant for payment of the dues and the accordingly the defendants and the applicant bank mutually agreed to settle the account. Hence, the applicant bank wishes to withdraw the present OA.

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The Ld. Counsel of the applicant has also requested for refund of the couft fees. It is submifted 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 Honble Supreme Court has passed the order in SLp(c) No(s).72j/2023datd 28.01.202i tiild as Jage Ram Vs Vd Kaur &Orc. The Hontle Supreme Court has considered the matter and has held that:

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Para 6- The refund of court fees is prmssible only if, the maffer is referrd to Arbitrabto4 Concitiatio4 judicial settlement, including through Lok Adatat or mdiatron for settlement and the ase s decidd in terms of such a sttlement and not otherwrfu.

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Para 7- In the case at hanQ the setilement in terms of which the wond appal was deidd by the High Court s not on reference to any of the above authorittes/fora rather it was an amicable stttement out of the court

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Para 8- Arcordingly, we are of the opinion that the petitbner is not entitld to refund of the court fes and the High Court has not ommiXd any effor 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 the court or Tribunal, the court fees cannot be refunded. Therefore, the qrayer of the applicant for refgrd of murt fees is hereby declined.

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In view of the above submission made by the Ld. Counsel for applicant bank, IA no.L95112025 is allowed. ON35412025 is dismissed as withdrawn.

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File be consigned to record room.

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s) (SUSHIL KtrMAR RASTOGI) PRESIDING OFFICER DRT-II, Delhi

Axis Bank v. Inderpreet

Case brief

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Axis Bank v. Inderpreet

Case brief

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