Since the loan accounts involved have been settled out of court without reference to arbitration, conciliation, judicial settlement, Lok Adalat, or mediation, the Tribunal declined the refund of court fees. The Original Application was allowed to be withdrawn.
Original Application allowed; prayer for refund of court fees declined.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Debts Recovery Tribunal-Il, Delhi
oAl77el2023
YES BANKVS IRFAN SAIFI &ANR.
t9.03.2026
Item no.12
Present: Ms. Anushka Verma, prory Counsel for applicant bank
Matter is taken through Video Conferencing/Hybrid mode.
lA no.24ol2o26 has been filed by the applicant bank for withdrawal of the present OA.
The Proxy Counsel for the applicant bank humbly submits that the matter has been settled and the loan accounts of the defendants has been closed accordingly. Therefore, the applicant bank seeks permission of this Honble Tribunal to withdraw the present Original Application, as settled. Hence, the applicant bank wishes to withdraw the present OA.
The Ld. Counse! for the applicant bank has also requested for refund of the couft 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).723/2023 dated 28.01.2025 tiiled as Jage Ram Vs Ved Kaur & Ors. The Honble Supreme Court has considered the matter and has held that:
Para 6- The refund of court fes is permissibte onty it the matter is referrd to Arbitration, Concitiatio4 judicial efflement, including through Lok Adalat or mediation for settlement and the case is decidd in terms of such a settlement and not otherwis.
Para 7- In the case at hanQ the settlement in terms of which the econd appeal was dectded by the High Court is not on reference to any of the afuve authorities/fora rather it was an amicable settlement out of the murt
Para 8- Arcordingly, we are of the opinion that the petitioner is not entitld to refund of the court fes and the High Coutt has not commiffd any error or illegality in refusing such a prayen,,
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,
'J
the couft fees cannot be refunded. Therefore, the prayer of the applicant bank for refund of court fees is hereby declined. In view of the above submission made by the Ld. Counsel for applicant bank, IA no.24012026 is ailowed. ON77912023 is dismissed as withdrawn.
File be consigned to record room.
JA\ (susHr L rrlrqai RASroGr) PRESIDING OFFICER DRT-II, Delhi
3 issues framed by the court
Whether an applicant is entitled to a refund of court fees when a drawn matter is settled amicably outside of court without reference to arbitration, conciliation, judicial settlement, Lok Adalat, or
Whether the Original Application can be allowed to be withdrawn by the applicant bank after settlement.
Whether an arbitrated matter must be settled through arbitration/mediation/Lok Adalat before the application is allowed.
Colour shows how this judgement treated each authority
Jage Ram Vs Ved Kaur & Ors.Referred¶10
SLp(c) No(s).723/2023 dated 28.01.2025 Jage Ram Vs Ved Kaur & Ors.
1 provisions across 1 enactments
Yes Bank
Irfan Saifi & Anr.
Justice Susheel Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Justice Susheel Kumar
Parties & counsel
