Partly allowed

Yes Bank v. Pushpendra Nagar Proprietor of Jnb Trading Company

DRT28 Apr 2026OA/671/2025

Case brief

AI extract

What is this about?

The Applicant Bank filed an indemnity bond for withdrawal of Original Application no.852/2026 regarding settlement and refund of court fees. The Tribunal applied Supreme Court principles to deny the refund for an out-of-court settlement and allowed the withdrawal.

What did the court decide?

OA no.852/2026 allowed (withdrawn); OA no.852/2025 dismissed; refund of court fees declined; pending IAs disposed of.

Yes Bank versus Pushpendra Nagar Proprietor of Jnb Trading… — Banking and Recovery | DRT (2026)

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Debts Recovery Tribunal-Il, Delhi

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oA,l67Ll2O2s

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YES BANK Vs PUSHPENDRA NAGAR PROPRIETOR OF JNB TRADING COMPANY NAGAR

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28.04.2026

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Item no. I

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Present: Ms. Sonia Rawat, counsel for applicant bank.

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Matter is taken through Video Conferencingl hybrid Mode.

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lA no.852/ 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 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 Hon'ble 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 Hon'ble Supreme Court has considered the matter and has held that:

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Para 6- The refund of court fres 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 terms of such a settlement and not otherwis.

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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 amicable settlement out of the court.

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rx\

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Para 8- Accordingly, we are of the opinion that the ptitioner is not enttled to refund of the couft fees and the High Couft has not committd any enor or illqality in refusing such a pnyer."

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In view of the above, it is clear that if the matter has -l settled out of the court 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. no.85212026 is allowed. OA 67L12025 is dismissed as withdrawn. Allthe pending IAs stand disposed of.

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The date alrcady fixed on 18.05.2025 before this Tribunal I n

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it'

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File be consigned to record room.

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o. (susHrL KUIqAR RASTOGT ) PRESIDING OFFICER, DRT-II, Delhi

Yes Bank v. Pushpendra Nagar Proprietor of Jnb Trading Company

Case brief

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Yes Bank v. Pushpendra Nagar Proprietor of Jnb Trading Company

Case brief

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