Debts Recovery Tribunal allowed an application for withdrawal of an originating appeal following an amicable settlement between the parties but declined a prayer for refund of court fees citing Supreme Court precedent.
IA no.33961/2025 allowed; OA 6251/2022 dismissed as withdrawn; prayer for refund of court fees declined; all pending IAs disposed of.
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
oA,l62sl2022 HDFC BANK Vs TRN ENERGY PRIVATE LIMTTED
17.t2.2025
Item no. 92
Present: Mr. Bheem Sain Jain, counsel for applicant bank. Mr. Sushant Nanda, counsel for defendant no.1 to 3 and 9.
None for other defendants.
Matter is taken through Video Conferencing/ hybrid Mode.
dated 28.01.2025 titled as Jage Ram Vs Ved Kaur & Ors. The Honble Supreme Court has considered the matter and has held that:
Para 6- The refund of couft fees is permissible only if, the matter is refered to Arbitration, Conciliation, judicial settlement, including through Lok Adalat or mediation for settlement and the case is decided in terms of such a settlement and not otherwise.
Para 7- In the case at hanQ the settlement in terms of which the second appeal was dqidd by the High Court is not on reference to any of the above authorities/fora rather it was an amiable settlement out of the court.
Para 8- Accordingly, we are of the opinion that the petitioner is not entitled to refund of the court fees and the High Court has not committed any eror or illegality in refusing such a prayer."
File be consigned to record room.
d (SUSHIL KUMAR RASTOGI) PRESIDING OFFICER, DRT-II, De|hi
2 issues framed by the court
Whether court fees can be refunded when a matter is settled out of court without reference to an arbitration or Lok Adalat.
Whether an application for withdrawal of an Originating Appeal should be allowed upon amicable settlement.
Colour shows how this judgement treated each authority
Jage Ram Vs Ved Kaur & Ors.Explained¶10
SLP(c) No(s).723/2023
HDFC Bank
TRN Energy Private Limited
Sushil Kumar Rastogi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
