Dismissed

Yes Bank v. Shree Ganpati Cranes through Its Partners & Anr.

DRT29 Aug 2025OA/634/2024

Case brief

AI extract

What is this about?

The Recovery Tribunal dismissed an Origin Application filed by YES BANK as withdrawn. The bank sought refund of court fees citing a Supreme Court ruling, arguing the loan was settled. The Tribunal declined the refund request, holding settlement occurred amicably out of court rather than via Lok Adalat.

What did the court decide?

Prayer for refund of court fees was declined. IA dismissed as withdrawn.

Yes Bank versus Shree Ganpati Cranes through Its Partners… — Execution and Attachment | DRT (2025)

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Irebts Recovery Tribunal-Il, Delhi

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oAl6i,,l2024 YES BANK Vs SHREE GANPATI CRANES THROUGH ITS PARTNERS &ANR.

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29.08.2025

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Item no. 59

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Present: Ms. Sonia Rawat, counsel for applicant bank. None for defendants.

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2.lA no.74612025 has been filed by the applicant bank for withdrawal of the present OA.

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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. Therefore, the applicant bank wishes to withdraw the captioned OA and prayed for refund of the court fee.

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Heard the Ld. Counsel for applicant bank and perused the records.

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The Ld. Counsel of the applicant bank has requested for refund of the court fees. It is submifted 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 Honble Supreme Court has passed the order in SLP(c) No(s).723/2023 dad 28.01.2025 tided as Jage Ram Vs Vd lGur & Os. The Hontle Supreme Court has considered the matter and has held that:

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Pan 6- The refund of court frc is prmissible only if the matter is referrd to Arbitration, Conciliatio4 lUdtttbl^{retflement, includingthrough} Lok Adalat or mediatbn for sttlement and the cas rs decidd in terms of such a setilement and not otherwise.

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Para 7- In the ase at hanQ the sttlement in terms of whtth the suond appal was dsrdd by the High Court s not on refetrlc-9.to any of the above s.\

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authoritt*/fora rather it was an amicable setdement out of the court.

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Pan 8- Accordingly we are of the opinion that the petiiloner is not entiild to refund of the @uft f# and the High Court has not committd any error or illqality in refusing such a prayer."

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In view of the above, 0A163412024 is dismissed as withdrawn. The applicant bank has also sought refund of court fee. The matter has not been disposed of on the basis of setUement in Lok Adalat. There appears no occasion to return the couft fee. The matter has been withdrawn due to the matter has been settled between the pafties. Therefore, the prayer of the applicant bank for refund of couft fees is hereby declined. All the pending IAs stand disposed of. IA no.746l2O2i is disposed off aaordingly.

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File be consigned to record room.

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5), (SUSHIL tff'{nn RASTOGI) PRESIDING OFFICER DRT-II, Delhi

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Yes Bank v. Shree Ganpati Cranes through Its Partners & Anr.

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Yes Bank v. Shree Ganpati Cranes through Its Partners & Anr.

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