Partly allowed

Catholic Syrian Bank Limited v. Kadian Builders

DRT30 Apr 2026OA/1053/2025

Case brief

AI extract

What is this about?

Debts Recovery Tribunal-II, Delhi disposed of an application for withdrawal of Original Application and a separate IA for refund of court fees. Refund claim was rejected as settlement was out-of-court, not via mandated authorities. Withdrawal application was allowed, fee refund declined.

What did the court decide?

OA for withdrawal allowed. Prayer for refund of court fees rejected. All pending IAs disposed of.

Catholic Syrian Bank Limited versus Kadian Builders — Consumer Protection | DRT (2026)

¶1

¶2

Debts Recovery Tribunal-Il, Delhi

¶3

oA/1Os3l2O2s

¶4

CATHOLIC SYRIAN BANK LIMITED VS KADIAN BUILDERS

¶5

30.04.2026

¶6

Item no. 17

¶7

Present: Mr. S.K. Garg, counsel for applicant bank.

¶8

Matter is taken through Video Conferencing/ hybrid Mode.

¶9

lA no.10o5 12026 has been filed by the applicant bank for withdrawal of the present OA.

¶10

The Ld. Counsel for the applicant bank submits that^{the matter} has been settled. He further submits that he^wish to^{withdraw the} present OA.

¶11

The Ld. Counsel of the applicant bank^{has also requestedfor} refund of the coutt fees. It is submitted that^{the matterhas 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 & Ors. The} ,,' .-: Honble Supreme Court has^{consideredthe matter and has held} that:

¶12

Para 6- The refund of court^{fees is permissible only ili,} ,. the matter is referrd to Arbitration,^{Conciliation,} mediation for settlement and^{the cafr is decided in} r' Para 7- In the case 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 afuve} I authorities/fora rather it^{was an amiablesettlement} out of the court.

¶13

Para 8- Accordingly, we are of^{the opinion that the} petitioner is not entitted to refund of^{tltB coyrt fees and}

¶14

5^\

¶15

the High Couft has not ammitted any enor or illqality in refusing such a prayer."

¶16

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 f€es cannot be refunded. Therefore, the^prayer of the applicant bank for refund of court fees is hereby declined. IA no.lOOS12026 is allowed. OA 1053/2025 is dismissed as withdrawn. All the^pending IAs stand disposed of.

¶17

File be consigned to record room.

¶18

¶19

<rl (SUSHIL KUMAR PRESIDING OFR DRT-II, Delhi

¶20

'ii) ::i(, ,,,iri

Catholic Syrian Bank Limited v. Kadian Builders

Case brief

What is this about?

What did the court decide?

Catholic Syrian Bank Limited v. Kadian Builders

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases