Partly allowed

Yes Bank v. B S B Contractor

DRT30 Jul 2026OA/977/2025

Case brief

AI extract

What is this about?

Debts Recovery Tribunal ruled on the refund of court fees when an applicant withdrew an originating application after an out-of-court settlement. Relying on the Supreme Court, the court held that fees are not refundable without reference to arbitration or conciliation. Withdrawal order granted.

What did the court decide?

Prayer for refund of court fees declined. IA 156/2026 allowed; OA 156/2025 dismissed as withdrawn. Adjacent pending IAs disposed.

Yes Bank versus B S B Contractor — Civil Procedure and Limitation | DRT (2026)

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Debts Recovery Tribunal-Il, Delhi

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o[l977l2O2s YES BANK Vs B S B CONTRAGTORTANWAR

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30.07.2026

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Item no. 55

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Present: Mr. Ved Prakash Singh, counsel for applicant bank. None for defendants.

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Matter is taken through Video Conferencing/ hybrid Mode.

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IA no.156ll2026 has been fited by the appticant bank for withdrawal of the present OA.

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The Ld. Counsel for the applicant bank submib that post the issuance of summons, the account has been closed and nondelinquent. He further submits that he wish 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 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 datd 28.01.2025 titled as Jage Ram Vs Ved Kaur & Ors. The Honble Supreme C-ourt has considered the matter and has held that:

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Para 6- The refund of court fes is prmissible only ifl the matter is referrd to Arbitratio4 Conciliation, judicr?l settlemenl including through Lok Adatat or mdiation for settlement and the case is d*idd in terms of such a settlement and not otherwie.

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Para 7- In the case at hand, the *ttlement in terms of which the wond appat was duidd by the High Court is not on reference to any of the above authorittes/fora rather it was an amicable settlement outofthe court

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Para 8- Accordingly, we are of the opinion that the petitioner is not entifld to refund of the couft frc and the High Court has not committed any eror or iltqatity 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 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. IA no.1561 12026 is ailowed. OAgtt l2O2S is dismissed as withdrawn. Allthe pending IAs stand disposed of.

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File be consigned to record room.

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sAi (susHrl r6ynn RAsroGr) PRESIDING OFFICER, DRT-II, Delhi

Yes Bank v. B S B Contractor

Case brief

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Yes Bank v. B S B Contractor

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