Dismissed

State Bank of India v. Nisha Rani & Anr.

DRT29 Apr 2025OA/655/2023

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal dismissed the applicant bank's Original Application as withdrawn due to an amicable settlement and the receipt of the settlement amount. The Court declined the prayer for refund of court fees, distinguishing this case from the Supreme Court's guidance which grants refunds only upon referrals to Arbitration, Conciliation, Lok Adalat, or mediation.

What did the court decide?

OA dismissed as withdrawn; prayer for refund of court fees declined; file consigned to record room.

State Bank of India versus Nisha Rani & Anr. — Writ and Judicial Review | DRT (2025)

¶1

Debts Recovela Tribunal-Il, Delhi

¶2

oA,l65sl20.23 STATE BAI{K OF INDIA Vs NISHA RANI & ANR.

¶3

29.M.2025

¶4

Item no. 05

¶5

Present: Shri Vaibhav Yadav, counsel for applicant bank .

¶6

Mafter is taken through Mdeo Conferencing/^HybridMode. 2. IA no.1076l2025 has been filed by the^applicant bank for withdrawal of the^present OA and^IA no.aO77l2O25 has also been filed^{by the applicant bank} for refund of the court fees.

¶7

The Ld. Counsel for the^{applicant bank submitsthat the} matter is amicably settled between^{the paftiesand the} settlement amount has already^{been receivedby the} applicant bank. It is further^{submitted that the loan} account of defendants is^{closed.He further submitsthat} he wishes to withdraw the^present OA.^{Ld. Counselfor} applicant bank also^{prayedrefund of the couft fee.}

¶8

Heard the Ld. Counsel for^{applicant bank and perused} the records.

¶9

The Ld. Counsel of the applicant^{bank has requested} for refund of the couft^fees. It^{is submiftedthat matter is} amicably settled between^{the partiesand the settlement} amount has already been^{receivedby the applicant bank.} and therefore, the coutt fees^{may be refunded as per} provisions contained in the rules. In this regard the Honble Supreme Court has^{passedthe order in SLP(c)} No(s).723/2023 datd 28.01.2025 tidd^{as Jage Ram Vs} Vd l@ur & Ors. The Hontle Supreme Court^has considered the matter and has^held that:

¶10

Pan 6- The rcfund of court fres^{is permissibleonly} it the matter is refend to Arbitration,^{C,onciliation,}

¶11

¶12

judicial *ttlement, including through Lok Adalat or mediation for stflement and the cas is duidd in terms of such a settlement and not otherwise.

¶13

Para 7- In the ca* at hand, the settlement in terms of which the suond appal was duidd by^{the High} Court is not on reference b any of the aboue authorities/fora rather it was an amicable stflement out of the court

¶14

Pan 8- Accordingly, we are of the opinion that the petitioner is not entitld to refund of the couft fes and the High Court has not committd any error or illqality in refusing such a^pnyer."

¶15

In view of the above, o,A1655.12023 is dismissed as withdrawn and Registry is directed b^return the original documents after keeping the certified copies on record. The applicant bank^{has also sought} refund of court fee. The matter^has not^{been disposed} of on the basis of settlement in Lok Adalat.^There appears no occasion to return the^{court fee. The matter} has been withdrawn due to matter is amicably^settled between the parties and the settlement amount^has already been received by the applicant bank.^Therefore, the prayer of the applicant for^refund of^court fees is hercby declined. All the^{pending IAs stand} disposed of. IA no.LO76l2O25 and^IA no.l077l2O25 is disposed ofr accordingly. File be consigned to record room.

¶16

Date already fixed on 18.O8.2O2t before Registrar stands cancelled.

¶17

eJ': (susHrl KUMA( RASTOGI) PRESIDING OFFICER DRT-II, Delhi

¶18

State Bank of India v. Nisha Rani & Anr.

Case brief

What is this about?

What did the court decide?

State Bank of India v. Nisha Rani & Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases