Yes Bank v. Manoj Kumar
Case brief
What is this about?
Debts Recovery Tribunal Delhi allowed the withdrawal of an Original Application filed by an applicant bank and disposed of the case as withdrawn, declining the prayer for refund of court fees in an out-of-court settlement.
What did the court decide?
IA no.3505/2025 allowed; OA dismissed as withdrawn. Prayer for refund of court fees declined.
What the court decided
Debts Recovery Tribunal-Il,Delhi
oAl797l20.25
YES BANKVS MANOJ KUMAR
t7.t2.2025
Item no.54
Present: Ms. Sonia Rawa! Counselfor applicant bank None for defendants
Matter is taken throughVideo Conferencing/Hybrid mode.
IA no.3505l2O25 has beenfiled by the applicant bank for withdrawal of thepresent OA.
The Ld. Counsel for the applicantbankhumbly submitsthat the matter has been settled andthe loan accounts ofthe defendants has been closed accordingly.Therefore,the applicantbank seeks permission of this Honble Tribunal to withdrawthe present Original Application,as seftled. Hence, the applicantbank wishes to withdraw the PresentOA.
The Ld. Counsel for the applicantbank has also requested for refund of the couft fees. Itis submittedthat the matter has been settled andtherefore, the court fees may be refunded as perprovisions containedin the rules. In this regardthe Hon'ble Supreme Court haspassed the order in SLP(c) No(s).723/2023 dated 28.01.2025titled as Jage Ram vs Ved Kaur & Orc. The Honble SupremeCourt has considered the matter and has held that:
Issues for consideration
2 issues framed by the court
Whether court fees can be refunded when a loan account dispute is settled amicably out of court without reference to any forum.
Whether the prayer for withdrawal of the Original Application with refund of court fees should be accepted.
Parties & counsel
- applicant
YES BANK
- respondent
MANOJ KUMAR
Coram
Sushil Kumar Rastogi
Case details
As recorded by the court registry
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