Yes Bank v. Pradeep Kumar
Case brief
What is this about?
Bank court application withdrawn after settlement. Request for court fee refund declined as settlement was amicable out-of-court, not viamitted authorities. OA dismissed withdrawn IA dismissed.
What did the court decide?
Prayer for refund of court fees declined. O.A. dismissed withdrawn I.A. disposed off.
What the court decided
Debts Recovely Tribuna!-Il, Delhi
oAl484/2o2s YES BANK Vs PRADEEP KUMAR HAI{DUJA
28.08.202s
Item no. 38
Present: Ms. Sonia Rawat counsel for applicant bank. None for defendants.
- lA no.242612025 has been filed by the appticant bank for withdrawal of the present OA.
- The Ld. Counsel for the applicant bank submits that the matter has been settled and the loan account of the defendants has been closed accordingly. Thereforg the applicant bank wishes to withdraw the captioned OA and prayed for refund of the court fee.
- Heard the Ld. Counsel for applicant bank and perused the records.
- The Ld. Counsel of the applicant bank has requested for refund of the court fees. It is submitted that defendants have settled their loan account and the loan account has been closed and therefore, the court fees may be refunded as per provisions contained in the rules. In this regard theW Hontle Supreme Court has passed the order in SLP(c) No(s).72j/2023 datd 28.01.2025 titld as Jage Ram Vs Vd Kaur & Ors. The HonUe Supreme Court has considered the matter and has held that:
Para 6- The refund of aurt fes s prmissrbte only if, the matter s referrd to Arbitration, Conciliation, judbial ettlement, including through Lok Adatat or mediabbn for ettlement and the are is dsrdd in terms of such a settlement and not otherwi*.
Parties & counsel
- applicant
Yes Bank
Coram
Sushil Kumar Rastogi
Case details
As recorded by the court registry
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