The tribunal allowed the bank applicant's withdrawal application in a tax appeal summarily dismissed as the case had been settled out of court via a One-Time Settlement inclusive of full payment by the respondents. The court declined the prayer for refund of court fees.
Application for withdrawal allowed. Prayer for refund of court fees declined.
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Debts Recovery Tribunal-Il, Delhi
TAlt399l2023
PUNJAB NATIONAL BA]TKVs M/S BHOLE BABA EXIM PvT LTD
24.04.2025
Item no.53
Present Mr. D. Satya Sai Sumanth, Proxy Counsel for Mr. Girish Chowdary, Counsel for applicant bank Mr. Ravi Data, Counsel for defendants
Matter is taken through Video C.onferencing/ Hybrid Mode.
IA no.986/2o25 has been filed by the applicant bank for withdrawal of the present TA.
The Ld. Counsel for the applicant bank submits that during the pendency of the proceedings in the captioned TA, the applicant dank and the defendant No.1, M/s Bhole Baba Exim Private Limited, have arrived at a One.Time Settlement (OTS) as per the terms approved by the Management Committee of the Bank's Board on 25.02.2025. Under the said OTS, the applicant bank has agreed to accept a sum of Rs. 3,50,00,000/- (Rupees Three Crore Fifty lnkh Only) in full and final setUement of the outstanding dues. That in terms of the OTS approval letter dated 25.02.2025, the defendants have duly complied with the settlement terms and have already made the full payment of Rs.3,50,00,000/- (Rupees Three Crore Fifty lnkh Only) towards the settlement of their outstanding dues. ConsequenUy, the applicant bank has received the entire OTS amount as stipulated in OTS Approval letter dated 25.02.2025, thereby fully and finally settling the claim against the defendants in the captioned TA. In view of the full and final settlement of the dues, no further claims remain outstanding against the defendants, and the applicant bank does not wish to pursue the present TA any further. He further submits that he wish to withdraw the present TA.
The Ld. Counsel of the applicant has also requested for refund of the court fees. It is submitted that the matter has been settled and therefore, the court fees may be refunded as per provisions contained in the rules. In this regard the Hontle Supreme Court has passed the order in SLP(c) No(s).72i/2023 datd 28.01.2025 tifld as Jage Ram Vs Vd Kaur & Orc. The Honble Supreme Court has considered the matter and has held that:
Para 6- The refund of court frc is permissible only if, the matter is refend to Atbitratio4 Conciliation, judt?ial etflemenl including throughrlok Adalat or
ql
mdbtion for settlement and the ase is duidd in terms of such a stflement and not otherwi*.
Para 7- In the care at hane the setflement in terms o!wht;ch the suond appal was dsiM by the High Court is not on rcference to any of the above authorities/fora rather it was an amicabte ettlement out of the court
Pan 8- Accordingly, we are of the opinrbn that the petitioner is not entiild b refund of the ouft frc a1d the High hurt has not committd any error or illqality in refusing such a prayer..,
In view of the above, it is clear that if the matter has been seftled out of the court without any reference from the court or Tribunal, the court fees cannot be refunded. Therefore, the qray.er 9f the applicant for refund of court fees is hereby declined. LA no.986/2025 is ailowed. TNL3ggtZOi3 i; dismissed as withdrawn.
File be consigned to record room.
qJ (SUSHIL KtJ MAR RASTOGT) PR.ESIDING OFFICER DRT-II, Delhi
1 issue framed by the court
Whether the applicant bank is entitled to withdrawal of Malice Affiliation and refund of court fees in the absence of a reference to the settlement from the Tribunal?
Colour shows how this judgement treated each authority
Jage Ram Vs Vd Kaur and Ors.Referred¶11
Jage Ram Vs Vd Kaur & Orc.
1 provisions across 1 enactments
Punjab National Bank
M/s Bhole Baba Exim Pvt Ltd
Sushil Kumar Rastogi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
