Debts Recovery Tribunal Patna dismissed a SARFAESI application as withdrawn. It rejected the applicant's plea for refund of court fees, holding that rules under the RDB Act do not apply to the SARFAESI Act.
Application dismissed as withdrawn; request for refund of court fees dismissed.
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DEBTS RECOVERY TRIBUNAL, PATNA
Date of Order with the Office action order or Signature of the Court taken with proceeding date SA 350 of 2023 14.08.2025 Ld. counsels for the parties are present. It has been submitted on behalf of the applicant that the applicant doesn't want to continue with the present SARFAESI Application as the borrower is going to settle the dispute with the respondent bank. Hence, the present SARFAESI Applicant is dismissed as withdrawn. It has been submitted by the applicant the court fee deposited in the matter may be refunded to the applicant and referred section 37 regarding refund of the court fees. He has referred the court fees rules made under the RDB Act but that rule made in exercise of the powers under that Act are not applicable for the SARFAESI Act In such circumstances, I don't find any fit case for refund of court fees. Accordingly, such request is dismissed. . Order be uploaded on the Tribunal's website.~r Patna (Kaushalendra Yadav) Presiding Officer
2 issues framed by the court
Whether court fees deposited in a withdrawn SARFAESI application are refundable.
Applicability of Court Fees Rules under the Recovery of Debts and Bankruptcy Act to SARFAESI Act proceedings.
2 provisions across 2 enactments
Applicant
Respondent Bank
Kaushalendra Yadav
As recorded by the court registry
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