Dismissed

Yes Bank v. Shiv Shakti Roadlines

DRT27 Oct 2025TA/1562/2022

Case brief

AI extract

What is this about?

Debts Recovery Tribunal-Il, Delhi dismissed an application for withdrawal of an Original Application filed by YES BANK on account of loan settlement. It declined the refund of court fees as the settlement was amicable and not via a statutory mechanism like Lok Adalat, distinguishing from Supreme Court guidelines.

What did the court decide?

Withdrawal of the Original Application was allowed; refund of court fees was declined.

Yes Bank versus Shiv Shakti Roadlines — Banking and Recovery | DRT (2025)

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Debts Recovery Tribunal-Il, Delhi

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TAlLs62l2022 YES BANKVS SHIV SHAKTI ROADLINES

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27.10.202s

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Item no. 19

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Present: Ms. Sonia Rawat, counsel for applicant bank.

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Matter is taken through Video Conferencing/ Hybrid Mode.

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IA no.264612025 has been filed by the applicant bank for withdrawal of the^present OA.

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The Ld. Counsel for the applicant bank submits that the matter has been settled and the loan account of the defendants has been closed accordingly. Therefore, it is prayed to withdraw the present TA and prayed for refund of the couft fee.

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Heard the Ld. Counsel for applicant bank and^perused the records.

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The Ld. Counsel of the applicant bank has requested for refund of the court fees. It is submitted that the matter has been seftled and the loan account of the defendants has been closed accordingly, thereforg the couft fees may be refunded as per^provisions contained in the rules. In this regard theW Honble Supreme Court has^passed the order in SLP(c) No(s).723/2023 dated 28.01.2025 btld as Jage Ram Vs Ved Kaur & Ors. The Honble Supreme Court has considered the matter and has held that:

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Para 6- The refund of court fes is prmissible only if, the matter is referrd to Arbitration, Concilntion, judicial setflement, including through Lok Adalat or mediation for sttlement and the as is decidd in terms of such a seXlement and not oilterwire.

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Para 7- In the case at hand the settlement in terms of which the sxond appal was decidd by the High Court is not on reference to any of the aboue

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authorities/fora rather it was an amicable setdement out of the court.

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Para 8- Accordingly, we are of the opinbn that the petitioner is not entitld to refund of the court fes and the High Court has not committed any error or illqality in refusing such a prayer."

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In view of the above,TA,lt562l2O22is dismissed as withdrawn. The applicant bank has also sought refund of couft fee. The matter has not been disposed of on the basis of setUement in Lok Adalat. There appears no occasion to return the court fee. The matter has been withdrawn due to the matter has been settled and the loan account of the defendanb has been closed accordingly. Therefore, the prayer of the applicant bank for refund of court fees is hereby declined. All the pending IAs stand disposed of. IA no.2646/2025 is disposed off accordingly.

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File be consigned to record room.

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Date fixed on 22.OL.2O26 before this Tribunal stands cancelled.

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si (SUSHIL KUMAR'TASTOGI) PRESIDING OFFICER DRT-II, Delhi

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Yes Bank v. Shiv Shakti Roadlines

Case brief

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Yes Bank v. Shiv Shakti Roadlines

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