Allowed

Yes Bank v. Shri Shyam Ji Building Material Supplier through Its Prop. Pardeep & Anr.

DRT27 Aug 2026OA/523/2024

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal allowed the withdrawal of an Original Application filed by Yes Bank after settlement. The court declined the prayer for refund of court fees, following the Supreme Court in Jage Ram Vs Ved Kaur, which holds that out-of-court settlements do not warrant fee refunds.

What did the court decide?

IA no.240312026 allowed; OA dismissed as withdrawn. Refund of court fees declined.

Yes Bank versus Shri Shyam Ji Building Material… — Civil Procedure and Limitation | DRT (2026)

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Debts Recovery Tribunal-Il, Delhi

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oAls23l2024

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YES BANKVS SHRI SHYAM JI BUILDING MATERIAL SUPPLIER THROUGH ITS PROP, PARDEEP & ANR.

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27.08.2026

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Item no.33

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Present: Ms. Sonia Rawat, Counsel for applicant bank None for defendant

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Matter is taken through Video Conferencing/ Hybrid Mode.

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IA no.24o3l2026 has been filed by the applicant bank for withdrawal of the present OA.

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The Ld. Counsel for the applicant bank submitted that the matter has been settled and the loan accounts of the defendants have been closed accordingly. Therefore, the applicant bank seeks permission of this Hon'ble Tribunal to withdraw the present Original Application, as settled. She fufther submits that she wish to withdraw the present OA.

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The Ld. Counsel for the applicant bank has also requested for 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 Hontle Supreme Court has passed the order in SLP(c) No(s).723/2023 dated 28.01.2025 titled 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 permtssible only if, the matter is referred to Arbitration, Conciliation, judicial settlement, including through Lok Adalat or mediation for settlement and the case is duidd in terms of such a settlement and not otherwise.

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Para 7- In the ase at hanQ the settlement in terms of whrth the *cond appeal was decrded by the High Coutt is not on reference to any of the above authorities/fora rather it was an amicable settlement out of the court

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Para 8- Accordingly, we are of the opinion that the petitioner is not entitled to refund of the court fres and the High Court has not committed any eror or illegality in refusing such a praygr."

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In view of the above, it is clear that if the matter has been settled out of the couft without any reference from the court or Tribunal, the court fees cannot be refunded. Therefore, the prayer of the applicant bank for refund of court fees is hereby declined.

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In view of the above submission made by the Ld. Counsel for applicant bank, IA no.240312026 is allowed. ON52312024 is dismissed as withdrawn.

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File be consigned to record.

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a\ (susHrl rLrMnn RAsroGr) PRESIDING OFFICER DRT-II, Delhi

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Yes Bank v. Shri Shyam Ji Building Material Supplier through Its Prop. Pardeep & Anr.

Case brief

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Yes Bank v. Shri Shyam Ji Building Material Supplier through Its Prop. Pardeep & Anr.

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