Yes Bank v. Ashok
Case brief
What is this about?
The Debts Recovery Tribunal disposed of an original application which was withdrawn by the applicant bank. The bank sought refund of court fees citing a Supreme Court judgment, but the Tribunal denied the refund as the settlement was reached amicably outside the court or its reference.
What did the court decide?
Prayer for refund of court fees declined; withdrawal application allowed; original application dismissed as withdrawn.
What the court decided
Debts Recovery Tribunal-Il, Delhi
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YES BANK VS ASHOK SO JAGMAL
20.Lt.2025
Item no.11
Present: Mr. Manu Pratap Singh, Counsel forapplicant bank None for defendants
Matter is taken through VideoConferencing/ HybridMode.
lA no.322712025 has beenfiled by the applicant bank for withdrawal of the Present OA.
The Ld. Counsel for the applicantbank submitted that after filing of the said OriginalApplication,the account has been closed as settled and non-delinquentand hence the Applicant wishes to withdraw the captioned OriginalApplication. Copy of Settlement letter is marked and annexed.Hence, the applicant bank wishes to withdraw thepresentOA.
The Ld. Counsel for the applicantbank has also rcquested for refund of the court fees.It is submiftedthat the matter has been settled andtherefore,the court fees may be refunded as perprovisions containedin the rules. In this regard the Hontle Supreme Courthas passed the order in SLP(c) No(s).723/2023 datd 28.01.2025titld as Jage Ram Vs Ved xaui & Orc. The HonbleSupremeCouft has considered the matter and has held that:
Issues for consideration
1 issue framed by the court
Whether the applicant bank is entitled to a refund of court fees upon withdrawal of the original application after an out-of-court settlement.
Parties & counsel
- applicant
YES BANK
- respondent
ASHOK SO JAGMAL
Coram
SUSHIL KUMAR RASTOGI
Case details
As recorded by the court registry
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