Partly allowed

State Bank of India v. Bachan Singh & Anr.

DRT29 May 2026OA/304/2024

Case brief

AI extract

What is this about?

The Delhi DRT recorded that a loan account was regularized after summons issuance. The bank withdrew the original application and sought refund of court fees under a new notification. The court rejected the refund prayer citing non-applicability of the notification and Supreme Court precedent.

What did the court decide?

Original Application allowed. Number IA no.121-612026 allowed. Refund of court fees denied. Pending IAs disposed of.

State Bank of India versus Bachan Singh & Anr. — Banking and Recovery | DRT (2026)

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Debts Recovery Tribunal-Il,^Delhi

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oA/30412024

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STATE BANK OF INDIA^{VS BACHAN SINGH & ANR.}

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29.0s.2026

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Item no.09

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Present: Ms. Jaya Tomar, Counsel^{for applicant bank}

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Matter is taken through Video Conferencingl^{Hybrid Mode.}

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IA no.12LGl2O26 has been^filed by^{the applicantbank} for withdrawal of the^present OA.

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The Ld. Counsel for the applicant bank^{submitsthat the} defendants have approached the applicant^{bank and have} deposited the irregular amounts in both the^{loan accounts i.e. of} Rs = L0,35,4651- [Rs.90,5000/- in Home Loan A/c^No. 382407t6041 and in Rs.1,30,465/-ⁱⁿ SBI^{Suraksha Loan A/c No.} 382418125L9. Hence, the said loan accounts^{have been} regularized and upgraded on 05/0312026. Since the^defendants have regularized the loan accounts at initial stage after^issuance of summon only and after filing of affidavit of^{service. Hence, the} applicant Bank wishes to withdraw the^{present Original} Application. She further submits that she wish to withdraw^the present OA and refund of the couft fees.

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The Ld. Counsel of the applicant bank has submitted that as per notification dated 06.03.2026 the applicant may be^refund of the court fees.

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I have^gone through the notification dated 06.03.2026.

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From^perusal of the notification, it is clear that by this notification the Department of Law and Justice has made a amendment in the Section 16 of the Court Fees Act, but this Court fees Act does not apply to this Tribunal. For refund of the court fees special rules namely Debt Recovery Tribunals Refund of Court Fees Rules, 20L3 has been framed and in this the rules for the refund of Court fees has been mentioned. Therefore, this notification does not apply on this Tribunal and on this basis the notification court fee cannot be refunded. This Tribunal is still bound by the^{judgment given} by the Hon'ble Supreme Coutt which has passed the order in SLP(c) No(s).723/2023 datd 28.01.2025 titled as Jage Ram Vs Ved Kaur & Ors. The Honble Supreme Couft has considered the matter and has held that:

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Para 6- The refund of court fees is^permissible only ili, the matter is refered to Arbitration, Conciliation, judicial settlement, including through Lok Adalat or mediation for settlement and the case is decided in terms of such a settlement aM not otherwise. va/

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Para 7- In the cas at han4 the rettlementⁱⁿ terms of which the wnd appeal^was dxidd^by the High Court is not on reference to any of^the above authoritia/fora rather it was an^amicable settlement out of the coutt

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Para 8- we are of the opinion that the ptitioner is not'entitld to refund of the auft fes and the High Cowt has not commit@^{any error or} illqality in refusing such a^prayer."

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In view of the above, it is clear that^if the^{matterhas been} seftled out of the court without any^{referencefrom the couft 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.12l612026 is allowed. OAl3O4l2O24^is :l a withdrawn. All the^pending IAs stand disposed of.

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The date already fixed on 09.O4.

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E I

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File be consigned to record room.

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"+\ (susHrL KUMAR RASTOGI) PRESIDING OFFICER II, Delhi

State Bank of India v. Bachan Singh & Anr.

Case brief

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State Bank of India v. Bachan Singh & Anr.

Case brief

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