Dismissed

Yes Bank Limited v. Kiran Kapoor

DRT25 Nov 2025OA/560/2025

Case brief

AI extract

What is this about?

This court dismissed an application for withdrawal of an original application and declining a prayer for refund of court fees. The bank sought withdrawal due to settled accounts, citing a Supreme Court order permitting refunds only for out-of-court settlements achieved via reference to arbitration, conciliation, or mediation.

What did the court decide?

IA no.23481/2025 allowed; OA/560/2025 dismissed as withdrawn. Prayer for refund of court fees declined.

Yes Bank Limited versus Kiran Kapoor — Civil Procedure and Limitation | DRT (2025)

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Debts Recovela Tribuna!-II, Delhi

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oAls6olzo2s YES BANK LIMITED Vs KIRAN KAPOOR

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25.tL.2025

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Item no.37

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Present: Mr. Manu Pratap Singh, Counsel for applicant bank

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Matter is taken through Video Conferencing/Hybrid mode.

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IA no.234812025 has been filed by the applicant bank for withdrawal of the present OA.

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The Ld. Counsel for the applicant bank submitted that post the issuance of summons, the account has been closed and nondelinquent and hence the applicant bank wishes to withdraw the captioned Original Application. Hence, the applicant bank wishes to withdraw the present OA.

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The Ld. Counselforthe applicant bank 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 Hon'ble Supreme Court has passed the order in SLP(c) No(s).723/2023 dated 28.01.2025 titled as Jage Ram Vs Ved Kaur & Ors. The Honble Supreme Court has considered the matter and has held that:

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Para 6- The refund of court fees is permissible only if the matter is refered to Arbitration, Conciliation, judicial settlement, including through Lok Adalat or mediation for sefflement and the ase is decidd in terms of such a settlement and not otherwis.

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Para 7- In the case at hanQ the sefilement in terms of which the second appeal was decidd by the High Court is not on reference to any of the above authorities/fora rather it was an amicable rettlement out of the court

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Para 8- Accordingly, we are of the opinion that the petitioner is not entitled to refund of the couft fees and the High Court has not committed any error 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^prayer of the applicant bank for refund of court fees_is hereby declined. q)'

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In view of the above submission made by the Ld. Counsel for applicant bank, IA no.234812025 is attowed. 0A/560/2025 is dismissed as withdrawn.

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File be consigned to record room.

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^ (susHrl I6MAR RASTOGT) PRESIDING OFFICER DRT-II, Delhi

Yes Bank Limited v. Kiran Kapoor

Case brief

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Yes Bank Limited v. Kiran Kapoor

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