Axis Bank v. Vikram
Case brief
What is this about?
Tribunal allowed withdrawal of applicant bank's Origin Application as matter settled out of court, rejecting prayer for court fee refund based on Supreme Court precedent.
What did the court decide?
Withdrawal of OA granted; prayer for refund of court fees declined.
What the court decided
Debts Recovely Tribunal-Il, Delhi
oA,l49812O2s AXIS BANK Vs VIKRAM SINGH
19.06.2025
Item no. 12
Present: Mr. Randhir Singh, counsel for applicant bank.
Mafter is taken through Video Conferencing/ hybrid Mode.
- The Ld. Counsel for applicant bank submits that the matter has been settled between the parties. He requested for withdrawal of the present OA. Request is allowed.
- The Ld. Counsel of the applicant bank 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 Honble Supreme Court has passed the order in SLP(c) No(s).223/2023 datd 28.01.2025 titled as Jage Ram Vs Ved Kaur & Orc. The Honble Supreme Court has considered the matter and has held that:
Para 6- The refund of court fes is permissible only if, the matter is referrd to Arbitration, Conciliation, judicial settlement, including through Lok Adalat or mediation for settlement and the cas is decided in terms of such a settlement and not othemyis.
Para 7- In the case at hand, the settlement in terms of whrth the scond appeal was drcidd by the High Court is not on reference to any of the above authorities/fora rather it was an amiable seffilement out of the court.
Parties & counsel
- applicant
AXIS BANK
- respondent
VIKRAM SINGH
Coram
SUSHIL KUMAR RASTOGI
Case details
As recorded by the court registry
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