Disposed

Hdfc Bank v. Shane Mendies

DRT18 Feb 2026OA/836/2025

Case brief

AI extract

What is this about?

HDFC Bank sought withdrawal of an original application and refund of court fees following an out-of-court loan settlement. The Tribunal cited Supreme Court precedent requiring formal reference to arbitration or mediation for fee refunds. The prayer was declined as the settlement was off-record.

What did the court decide?

Prayer for refund of court fees declined; Original Application dismissed as withdrawn.

Hdfc Bank versus Shane Mendies — Banking and Recovery | DRT (2026)

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Debts Recovery Tribunal-Il, Delhi

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0A/83612O2s

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HDFC BANK Vs SHANE MENDIES

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L8.02.2026

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Item no. 76

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Present: Ms. Shreya Pathak, counsel for applicant bank. None for defendants.

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Matter is taken through Video Conferencing/ hybrid Mode.

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Affidavit dy. no.4612026 has been filed by the applicant bank for withdrawal of the^present OA and refund of^{court fees.}

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The Ld. Counsel for the applicant bank submits^{that the} Applicant Bank received a sum of Rs.5,00,000/-and the^loan account no.158008711 was closed on^{30.L2.2025,under} settlement. He further submits that^{he wish to withdraw the} present TA.

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The Ld. Counsel of the applicant^{bank has also requestedfor} refund of the couft fees. It is submitted^{that the matterhas been} settled and therefore, the court^{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 & Orc. The} Honble Supreme Couft has^{consideredthe matter and has held} that:

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Para 6- The refund of court fes^is Bermissible^{only if,} the matter is refeTed to^{Arbitration, conciliation,} judiciat settlement, including through Lok Adalat or mediation for settlement and^{the case is decided in} terms of such a settlement and^{not otherwise.}

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Para 7- In the case at han4^{the settlement in terms of} which the second appeal^{was decidedby the High} Court is not on^{reference to anyOl[_} le^above g0'

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authorities/fora rather it was an amiable^settlement out of the court.

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1 I .t

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Para 8- Accordingly, we are of the opinion^{that the} petitioner is not entitled to refund of the court^fees and the High Couft has not committed^{any erroror illegality} 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 couft^{without any referencefrom the court or} Tribunal, the court^{fees cannotbe refunded. Therefore, the prayer} of the appticant bank^{for refundof couft fees is hereby declined.}

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In view of amicable^{settlement. OA 836} 12025^{is dismissed} as withdrawn.^All the^{pending IAs stand disposed of.}

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File be consigned to record^room.

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J-^__. ---.a.50 (susHrL KU NrAR RASTOGI) PRESIDING OFFICER, DRT-II, Delhi

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Hdfc Bank v. Shane Mendies

Case brief

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Hdfc Bank v. Shane Mendies

Case brief

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