The Debts Recovery Tribunal rejected an application for refund of court fees after the underlying dispute was settled out of court. The court held that refunds are permissible only if the settlement follows a mandatory reference to arbitration or mediation.
Refund of court fees declined. OA dismissed as withdrawn. All pending IAs disposed of.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Debts Recovery Tribunal-Il, Delhi
oAl24Ll2023 IDBI BANK Vs JITENDRA KALRA AND oRs
23.03.2026
Item no.72
Present: Mr. sanyam Gupta, counsel for appticant bank. None for defendants.
Matter is taken through Video conferen cingl hybrid Mode.
Para 6- The refund of court fees is permissible only iti, the maffer is refered to Arbitration, Conciliation, judicial settlement, including through Lok Adatat or mediation for settlement and the case is decided in terms of such a settlement and not otherwise.
Para 7- In the case at hanQ the settlement in terms of which the second appeal was decidd by the High Court is not on reference to any of the above authorities/fora rather it was an a.micdble settlement out of the court. il
Para 8- Accordingly, we are of the opinion that the petitioner is not entitled to refund of the court fees and the High Couft has not committed any eror or ittegatity in refusing such a prayer."
File be consigned to record room.
s)\ (SUSHIL KUMAR RASTOGI) PRESIDING OFFICER, DRT-II, Delhi
A
2 issues framed by the court
Whether court fees are refundable when the matter is settled out of court without reference to arbitration or mediation.
Whether the withdrawal of the original original application should be dismissed in view of the settlement.
Colour shows how this judgement treated each authority
Jage Ram vs ved Kaur & ors.Referred¶9
S.L.P.(C) No.723/2023 dated 28.01.2025 titled as Jage Ram vs ved Kaur & ors.
IDBI BANK
JITENDRA KALRA
SUSHIL KUMAR RASTOGI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
