Allowed

State Bank of India v. Rajesh Monga

DRT17 Dec 2025TA/1054/2024

Case brief

AI extract

What is this about?

During Hybrid hearing, theDRIT-IIdeluded the withdrawal of the stay application (TA) by State Bank of India in a MSE matter against rates Monga. The court declined the prayer for refund of court fees citing Supreme Court guidance that refunds apply only to settlements via arbitration or mediation.

What did the court decide?

Withdrawal of stay application allowed; refund of court fees declined; pending IAs disposed of.

State Bank of India versus Rajesh Monga — Banking and Recovery | DRT (2025)

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Debts Recovery^{Tribuna!-II, Delhi}

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i I I I I I I ! I I I

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TAltos4l2024 STATE BANK^{OF INDIA VS RATESH MONGA}

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L7.t2.2025

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Item no. 101

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Present: Mr. Mans Joshi,^{counselfor applicant bank.} Ms. Ritu,^{prory counsel for defendantno'2'}

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Matter is taken^{throughVideo Conferencing/hybrid Mode'}

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IA no.29gil2L25^{has been filed by the applicant bank for} withdrawal of the Present^TA.

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3.TheLd.Counselfortheapplicantbanksubmitsthattheaccount has been^{settledand no duescertificatehas been issued by the} applicant bank.^{He furthersubmits that he wish to withdraw the} present TA.

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The Ld. Counsel^{of the applicant bank has also requestedfor} refundofthecourtfees'Itissubmittedthatthematterhasbeen settled and^{therefore,the couft fees may be refunded as per} provisions contained^{in the rules. In this regard the Hon'ble} Supreme Court^{has passed the order in SLP(c)NoG)'723/2023} dated 28.01.2025^{titled as Jage Ram Vs Ved Kaur & Ors' The} Hon'ble Supreme^{Courthas consideredthe matter and has held} that:

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Para 6- The^{refund of couft fes is permissible only if} the matter is^{refered to Arbitration, Conciliation'} judicial settlement, inctuding^{through Lok Adalat or} - mediation for settlement^{and the case is decided in} terms of such^{a settlementand not otherwise'}

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Para 7- In^{the ase at han4 the settlement in terms of} which the^{second appeal was decided by the High} Court is not^{on reference to any of the above} authorities/fora^{rather it was an amicablesettlement} out of the^court. €"\

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€"\

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Para 8- Accordingly, we are of the opinion that the petitioner is not entitled to refund of the court fees and the High Court has not committed any eror or illegality 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 couft fees is hereby declined.

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In view of amicable settlement, IA no.299512O25 is allowed. TA 1054/2024 is dismissed as withdrawn. All the pending IAs stand disposed of.

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File be consigned to record room.

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aA, (susHrL KLflerAR RASTOGI) PRESIDING OFFICER, DRT-II, Delhi

State Bank of India v. Rajesh Monga

Case brief

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State Bank of India v. Rajesh Monga

Case brief

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