Debts Recovery Tribunal-II, Delhi dismissed an original application by Yes Bank as withdrawn upon settlement. The court declined the prayer for refund of court fees, distinguishing the case from Supreme Court precedents requiring settlement via Lok Adalat or arbitration.
Prayer for refund of court fees declined.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Debts Recovery Tribunal-Il, Delhi
oAl4eil2025
YES BANK Vs SABIRA PROPRIETOR OF ARIF CHOUDHARY ENTERPRISES
28.08.2025
Item no. 39
Present: Ms. Sonia Rawat, counsel for applicant bank. None for defendants.
Pan 6- The refund of court fes is permrssible only if the matter s referred to Arbitratrb7 bnciliation, judrtrbl rettlement, including through Lok Adatat or medbtbn for sttlement and the ase is dsidd in terms of such a settlement and not otherwise.
Para 7- In the care at hand, the settlement in terms of which the wond appat was.decgled by the High
1)',
Court is not on reference to any of the above authoritbs/fora rather it was an amicable setflement out of the court.
Para 8- Accordingly, we are of the opinion that the petttioner is not entitld to refund of the couft fes and the High Court has not committd any error or illqality in refusing such a prayer."
File be consigned to record room.
--.er\ . (SUSHIL KUMAR RASTOGI) PRESIDING OFFICER DRT-II, Delhi
P
2 issues framed by the court
Whether court fees are refundable when an OA is withdrawn due to an out-of-court settlement not routed through Lok Adalat or arbitration.
Whether the refund principles laid down by the Supreme Court in Jage Ram Vs. Vd. Kaur & Ors. apply to out-of-court settlements.
Colour shows how this judgement treated each authority
Jage Ram Vs Vd Kaur & Orc.Distinguished¶10
9LP(c) No(s).723/2023
1 provisions across 1 enactments
Yes Bank
Proprietor of Arif Choudhary Enterprises
Sushil Kumar Rastogi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
