Allowed

Yes Bank v. Yktraders through Its Prop. Mohammad Younus & Anr.

DRT20 Nov 2025OA/756/2023

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal, Delhi allowed an application for withdrawal of an original appeal by an applicant bank that had settled a dispute and closed the loan account. On a separate prayer for refund of court fees made out of court, costs were denied as per Supreme Court precedent. The main application was allowed as settled.

What did the court decide?

Application no.264312025 allowed; Application no.25612023 dismissed as withdrawn

Yes Bank versus Yktraders through Its Prop. Mohammad Younus… — Company and Corporate | DRT (2025)

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Debts Recovery Tribunal-Il,^Delhi

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oAl7s6l20.23

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YES BANK Vs YKTRADERS^{THROUGHITS PROP.} MOHAMMAD YOUNUS & ANR

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20.tt.2025

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Item no.19

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

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Matter is taken through^{Video Conferencing/ Hybrid Mode.}

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IA no.2643120,25 has been^{filed by the applicant bank for} withdrawal of the^presentOA.

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The Ld. Counsel for the applicant^{bank submitted that the matter} has been settled and the loan^{accountof the defendantshas} been closed accordingly.^{Therefore, the applicant bank seeks} permission of this Honble Tribunal to^{withdraw the present} briginal Application,^{as settled. Hence, the applicantbank wishes} to withdraw the Present^OA.

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The Ld. Counsel for the applicant^{bank has also rcquested} for refund of the couft^{fees. It is submittedthat the mafter} has been settled and therefore,^{the coutt fees may be refunded} as per^provisions contained^{in the rules. In this regardthe} Hontle Supreme Court has^{passed the order in SLP(c)} No(s).723/2023 datd 28.01.2025^{titld as Jage Ram Vs Vd} Kaur & Orc. The Hontle^{SupremeCourt has considered the} mafter and has held that:

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Para 6- The refund of court fes^{is permissibleonly} it, the matter is refend^{to ArbitratioAConciliation,} judiciat settlement, including through Lok Adalat or mdiation for sefilement and^{the ase is d*idd in} terms of such a sttlement^{and not otherwis.}

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Para 7- In the case at han{^{the settlementin terms} of which the wond appeal^{was decidedby the High} @urt is not on reference^{to any of the above} authorities/fora rather it^{was an amicable sttlement} out of the court.

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Para 8- Arcordingly,^we are^{of the opinion that the} petitioner is not entitld to refund of the couft fes and the High @urt^{has not committdany error or} illegality in refusing such^{a prayer."}

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In view of the above,^{it is clear that if the matterhas been settled} out of the court^{withoutany referencefrom the courtor Tribunal,} the court fees cannot be^{refunded.Therefore,the prayer of the} applicant bank for^{refundof couft fees-islerebydeclined.}

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In view of the above submission^made by^{the Ld. Counsel for} applicant bank, IA^{no.264312025is allowed. ON75612023is} dismissed as withdrawn.

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File be consigned to record room.

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<), (susHrl KSMAR RASTOGI) PRESIDING OFflCER DRT-II, Delhi

Yes Bank v. Yktraders through Its Prop. Mohammad Younus & Anr.

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Yes Bank v. Yktraders through Its Prop. Mohammad Younus & Anr.

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