Bank of Maharashtra v. Daya Prakash Gupta and Ors.
Case brief
What is this about?
Bank of Maharashtra applied to withdraw an Original Application noting that the defendants had repaid the outstanding amount including interest and closed the account. The bank sought the withdrawal of the application along with a refund of court fees, relying on a recent Supreme Court judgment. The Tribunal distinguished the Supreme Court ruling, holding that court fee refunds are permissible only upon settlement via reference to arbitration, conciliation, Lok Adalat, or mediation. Since the present settlement was an out-of-court amicability without such a reference, the prayer for fee refund was rejected, but the withdrawal of the application was allowed.
What did the court decide?
IA no.945/2026 is allowed; OA 2025 is dismissed as withdrawn; prayer for refund of court fees is declined.