Dismissed

Yes Bank v. Mahavir Transport through Its Prop. Puneet Sharma & Anr.

DRT26 Aug 2025OA/773/2024

Case brief

AI extract

What is this about?

The Debt Recovery Tribunal allowed an application for withdrawal of an Original Application and dismissed the present OA as withdrawn. The court refused a prayer for refund of court fees, holding that settlement out of court without formal reference precludes refund.

What did the court decide?

Withdrawal of the OA allowed; prayer for refund of court fees declined; OA77312O24 dismissed.

Yes Bank versus Mahavir Transport through Its Prop… — Civil Procedure and Limitation | DRT (2025)

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Debts Recovery Tribunal-Il, Delhi

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oAl773l2024

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YES BANK Vs MAHAVIR TRANSPORT THROUGH ITS PROP. PUNEET SHARMA &ANR

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26.08.202s

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Item no.45

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

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Matter is taken through Video Cpnferencing/ hybrid Mode.

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IA no.2r0gl2025 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 ofthe respondents has been closed. She further submits that she wish to withdraw the present oA.

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The Ld. Counsel of the applicant bank has also requested for refund of the court fees. It is submitted that the matter has been settled and therefore, the couft fees may be refunded as per provisions contained in the rules. In this regard the Hontle Supreme Court has passed the order in SLP(c) No(s).723/2023 datd 28.01.2025 titld as Jage Ram Vs Ved Kaur & Orc. The Hontle Supreme Court has considered the matter and has held that:

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Para 6- The refund of court fes is prmissible only if the maXer is referrd to Arbitration, Conciliatio4 judicial *ttlemenl including through Lok Adalat or mediatbn for settlement and the ase is duidd in terms of such a settlement and not otherwis.

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Para 7- In the ca* at hanQ the settlement in terms of whrth the sond appeal was dsidd by the High C-ourt is not on reference to any of the above authoritiu/fora rather it was a0 amicable sttlement out of the court <)

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Para 8- Accordingly, we are of the opinion that the petitioner is not entitld to refund of the court frc and the High hurt has not committd any enor or illqality 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. IA no.24o8l2O25 is allowed. OA77312O24 is dismissed as withdrawn. Allthe pending IAs stand disposed of.

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File be consigned to record room.

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q)' (SUSHIL KUMAR RASTOGI) PRESIDING OFRCE& DRT-II, Delhi

Yes Bank v. Mahavir Transport through Its Prop. Puneet Sharma & Anr.

Case brief

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Yes Bank v. Mahavir Transport through Its Prop. Puneet Sharma & Anr.

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