Allowed

Yes Bank v. Vipin Bhati & Anr.

DRT25 Aug 2026OA/307/2024

Case brief

AI extract

What is this about?

The applicant bank sought withdrawal of an originating application citing out-of-court settlement and requested refund of court fees relying on a Supreme Court decision. The Tribunal held that refund requires settlement via specific fora, disallowed the refund, allowed the withdrawal of the OA, and disposed of pending applications.

What did the court decide?

Refund of court fees denied. Originating application allowed as withdrawn. Pending IAs disposed of.

Yes Bank versus Vipin Bhati & Anr. — Civil Procedure and Limitation | DRT (2026)

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Debts Recovery Tribunat-Il, Delhi

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oAl3o7l2024

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YES BANK Vs VIPIN BHATI & ANR.

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25.08.2026

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Item no. 13

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Present: Ms. Sonia Rawa! counsel for applicant bank. None for defendants.

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Matter is taken through Video Conferencing/ hybrid Mode.

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2.lA no.243512026 has been fited 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 settlecl and the account of the defendants has been closed. She further submits that she wish to withdraw the present oA.

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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 couft fees may be refunded as per provisions contained in the rules. In this regard the HonUe Supreme Couft has passed the order in SLp(c) No(s).723/2023 datd 28.01.2025 titld as Jage Ram Vs Vd 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 b permissible onty if the matter is referrd to Arbitration, @nciliation, judbial settlement, including through Lok Adatat or mdiation for settlement ano' the case is drcidd in terms of such a settlement and not otherwise.

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Para 7- In the ase at hane the sefllement in terms of which the wond appt was dsidd by the High Court rs not on reference to any of the above authorities/fora rather it was an amicable seXlement '-z out of the court.

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9.I

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Para 8- Accordingly, we are of the opinion that the petitioner is not entiild 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 couft fees cannot be refunded. Therefore, the prayer of the applicant bank for refund of court fees is hereby decrined. IA no.2435 12026 is attowed. OAgOt l2O24 is dismissed as withdrawn. Allthe pending IAs stand disposed of.

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The date already fixed on LZ.O}.2OZ6 before the Lok Adalat stands canceiled.

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File be consigned to record room.

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€:1 (susHrL rrlgnn RAsToGr) PRESIDING OFFICE& DRT-II, Dethi

Yes Bank v. Vipin Bhati & Anr.

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Yes Bank v. Vipin Bhati & Anr.

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