Debts Recovery Tribunal refused refund of court fees for a withdrawn origin application, holding that the settlement was a direct private agreement rather than a reference to Lok Adalat or mediation, unlike the binding precedent cited.
Prayer for refund of court fees declined; OA dismissed as withdrawn.
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Debts Recovery Tribunal-Il, Delhi
oAl44!612024 SBI Vs SHRI ASIF RAZA &AilR
26.71.2025
Item no.85
Present: Shri Akhil Gupta, counsel for applicant bank. None for defendans.
Matter is taken through Video Conferencing/ Hybrid Mode.
Matter is taken through Video Conferencing/ Hybrid Mode.
Kaur & Ors. The Hontle Supreme Court has considered the matter and has held that:
Para 6- The refund of couft fes is prmissible only iti, the matter is referrd to Arbitratio4 Anciliatio7 judicial settlement, including through Lok Adalat or mediation for setflement and the case is d*idd n terms of such a settlement and not otherwise.
Para 7- In the ase at hand, the seXlement in terms of whrth the *cond appeal was dstdd by the High Court is not on reference to any of the afove authorities/fora rather it was an amiable settlement out of the court
Pan 8- Accordingly, we are of the opnion that the petitroner is not entitld to refund of the court fes and the High huft has not committd any error or ittqality in refusing such a prayer."
File be consigned to record room.
E\ (susHrl KUMTR. RASTOGD PRESIDING OFFICER DRT-II, Delhi
P
1 issue framed by the court
Whether court fees should be refunded when an origin application is withdrawn after a court-mediated settlement versus a direct out-of-court settlement.
Colour shows how this judgement treated each authority
Jage Ram Vs. Ved Kaur & Ors.Relied on¶11
SLP(c) No(s).723/2023 dated 29.01.2025 titled Jage Ram Vs Ved Kaur & Ors.
State Bank of India
Shri Asif Raza
SUSHILA KUMARI RASTOGI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
