Dismissed

Corporation Bank v. Ajay Rana and Ors.

DRT13 Jun 2025TA/215/2024

Case brief

AI extract

What is this about?

Corporation Bank sought withdrawal of a First Appeal and concession for court fee refund relying on a Supreme Court order ref used for out-of-court settlements. The Tribunal dismissed the appeal as withdrawn while declining the fee refund prayer.

What did the court decide?

IA No.175212024 allowed; TA2LSl2024 dismissed as withdrawn; original documents returned to applicant bank; pending applications disposed of.

Corporation Bank versus Ajay Rana and Ors. — Civil Procedure and Limitation | DRT (2025)

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Debts Recovery Tribunal-II, Delhi

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TAl2Lsl2024 CORPORATION BANK Vs AIAY RANA AND ORS

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13.06.2025

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Item no. 16

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Present: Ms. Chitra Malhotra, counsel for applicant bank. None for defendants.

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Matter is taken through Video Conferencing/ hybrid Mode.

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lA no.L752l2024 has been filed by the applicant bank for withdrawal of the present TA.

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The Ld. Counsel for the applicant bank submits that the defendants have been settled down between the^parties in fulland finaland account has been closed. Ld. Counselfor applicant bank also^prayed for return of the original documents.

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The Ld. Counsel of the applicant bank 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 Honble Supreme Court has^passed the order in SLP(c) No(s).723/2023 dated 28.01.2025 titld as Jage Ram Vs Ved Kaur & Orc. The Honble Supreme Court has considered the matter and has held that:

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Para 6- The refund of court fes is^permissible only if, the matter is referd to Arbitration, Conciliation, judicial settlement, including through Lok Adalat or mediation for settlement and the cas is decidd in terms of such a settlement and not otherwise.

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Para 7- In the ase at hand the settlement in terms of which the second appeal was dsidd by the High Court is not on reference to any of the above authorities/fora rather it wEs 2n amicable seXlement out of the court. S,).

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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 error or illqality 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 court fees is hereby declined. IA no.175212024 is allowed. Registry is directed to return the origina! documents after keeping the certified copies on records. TA2LSl2024 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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e)./ (SUSHIL KUMAK RASTOGI) PRESIDING OFFICER, DRT-II, Delhi

Corporation Bank v. Ajay Rana and Ors.

Case brief

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Corporation Bank v. Ajay Rana and Ors.

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