Allowed

Yes Bank v. Shweta

DRT28 Apr 2026OA/252/2025

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal allowed the withdrawal of an Original Appeal filed by an applicant bank after the matter was settled out of court. Held that refund of court fees is denied based on Supreme Court precedent, as the settlement was not via a designated forum but an amiable out-of-court settlement. Pending applications disposed of.

What did the court decide?

IA no.855/2026 (Withdrawal) allowed; OA 252/2025 dismissed as withdrawn; refund of court fees declined; future proceedings cancelled.

Yes Bank versus Shweta — Banking and Recovery | DRT (2026)

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Debts Recovery Tribunal-Il, Delhi

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op.l2s2l2o2s YES BANK Vs SHWETA NA

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28.04.2026

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Item no. 4

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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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lA no.855/2026 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 respondents has been closed. She further submits that she wishes to withdraw the present OA.

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The Ld. Counsel of the applicant bank has also requested fo1 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)72Y2023 dated 28.01.2025 tittd 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 fees is permissible only if, the matter is refered to Arbitration, Conciliation, judicial settlement, including through Lok Adalat or mediation for settlement and the case is decided in i.' terms of such a settlement and not otherwise.

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Para 7- In the case at hand, the settlement in terms of which the second appeal was decidd by the High Court is not on reference to any of the afuve authorities/fora rather it was an amiable settlement out of the court.

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s.\

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'|? ',

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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 illegality 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 couft fees cannot be refunded. Therefore, the^prayer of the applicant bank for refund of court fees is hereby declined. IA no.85512026 is allowed. OA 25212025 is dismissed as

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withdrawn. All the pending IAs stand disposed of.

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The date already fixed on 18.05.2026 beforc this Tribunal stands cancelled.

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File be consigned to record room.

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sr\ (susHrL KUMAR RASTOGI) PRESIDING OFFICER, DRT-II, Delhi

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Yes Bank v. Shweta

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Yes Bank v. Shweta

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