Yes Bank sought withdrawal of its Original Application and refund of court fees via IA 1118/2025, citing out-of-court settlement. The Court referred SLP(c) Jage Ram, held fees non-refundable for such settlement, and allowed withdrawal.
IA 1118/2025 allowed (withdrawal permitted); fee refund refused; impugned OA dismissed as withdrawn.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Debts Recovery Tribunal-Il, Delhi
o[l87l202s YES BANKVS MANUDEEN PIR MOHAMMAD &ANR
13.06.202s
Item no.66
Present: Ms. Sonia Rawat, Counsel for applicant bank
Matter is taken through Video Conferencing/Hybrid mode.
IA no.111812025 has been filed by the applicant bank for withdrawal of thepresent OA.
The Ld. Counsel for the applicant bank submits that the matter has been settled and the loan account of the defendantshas been closed accordingly. Therefore, the applicant bankseeks permission of this Hontle Tribunal to withdraw'thepresent Original ApplicaUon, as settled.
The l-d. Counsel of the applicant has also rcquesEdfor refund of the court fees. It is submitted that thematter has been settled and therefore, the courtfees may be refunded as per provisions contained in the rules. In this regard the Hontle Supreme Couft haspassed the orderin SLP(c) No(s).723/2023 datd 28.01.2025 titld as Jage RamVs Vd Kaur & Ors. The Hontle Supreme Court has considered thematter and has held that:
Para 6- The refund of court fesis permissible only iC the matter is refend to Arbitration,hnciliatioA judicial ttlement, including through Lok Adalat or mdiation for ettlement and the cais deiddin terms of such a sttlement andnot otherwis.
Para 7- In the cas at han4 the tdementin terms of which the wnd appealwas diMby the High Court is not on reference to any ofthe above authorities/fora rather itwas an amiablesttlement out of the ourt
Pan 8- Accordingly, we are of the opinionthat the petitioner is not entitld to refund of the court fes and the High Court has not committdany errcr or ' illqality in refusing such a prayer."
In view of the above, it is clear thatif the matterhas been settled out of the court withoutany referencefrom the couft or Tribunal, the court fees cannot be refunded.Therefore,the prayer of the applicant for refulQ of court fees ishereby declined. €)
In view of the above submission made by the Ld. Counsel for applicant ban( IA no.lll8l2025 is allowed. ON8712025 is dismissed as withdrawn.
Fib be consigned to record room.
il'.
(susHrl KUMAR RASTOGT) PRESIDING OFFICER DRT-II, Delhi
2 issues framed by the court
Whether an application for withdrawal of OA and refund of court fees in a settled matter should be allowed.
Whether court fees are refundable for out-of-court settlement without reference to specified authorities.
Colour shows how this judgement treated each authority
Jage Ram Vs Vd Kaur & Ors.Referred¶9
SLP(c) No(s).723/2023 dated 28.01.2025 titled Jage Ram Vs Vd Kaur & Ors.
Yes Bank
Manudeen Pir Mohammad
Sushil Kumar Rastogi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
