Partly allowed

Punjab and Sind Bank v. M/S Boulder Realcon Pvt. Ltd.

DRT25 Feb 2026TA/1275/2022

Case brief

AI extract

What is this about?

In an objectionable infra annum application, the Tribunal considered the refund of court fees. Citing Supreme Court precedents, the bench observed that refund is not permissible for out-of-court settlements. Consequently, the prayer for fees refund was declined, the withdrawal application was allowed, and the original appeal was dismissed as withdrawn.

What did the court decide?

Prayer for refund of court fees declined. Application IA no.1721 dated 2022 allowed. Original TA dismissed as withdrawn.

Punjab and Sind Bank versus M/S Boulder Realcon Pvt. Ltd. — Banking and Recovery | DRT (2026)

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Debts Recovery Tribunal-Il, Delhi

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TAlL27sl2022 PUNJAB AND SIND BANK Vs M/S BOULDER REALCON PvT. LTD.

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25.02.2026

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Item no. 38

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Present Ms. Aradhana Jaiswal, counsel for applicant bank alongwith Mr. Jataklal Yadav, Nodal officer of the bank.

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None for defendants.

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Matter is taken through Video Conferencing/ hybrid Mode.

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2.lA noL72U2O22 has been filed by the applicant bank for withdrawal of the^present TA.

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The Ld. Counsel for the applicant bank submits that^the defendants had deposited the entire OTS amount with the applicant bank. She further submits that she wish to^{withdraw the} present TA.

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The Ld. Counsel of the applicant bank has also^requestedfor 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 Hontle 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} Honble Supreme Court has considered the matter and^{has held} that:

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Para 6- The refund of court fes is^permissible only^if, the matter is referd to Arbitration, Conciliation, judicial seXlement, including through Lok Adalat or mediatbn for settlement and the ase is decided in terms of such a seXlement and not otherwise.

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Para 7- In the case at hanQ the sexlement^{in terms} of which the second appeal was deided by the^High Court is not on reference te>92y of the^above

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

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Para 8- Accordingly, we are of the opinion that the petitioner is notentitled to refund of the court fees and the High Couft has not commiXed any error or illqatity 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.172112022 is allowed. TAL275l2O22is dismissed as withdrawn. All the pending IAs stand disposed of.

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File be consigned to record room.

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el\ (susHIL KUMAR RASTOGT) PRESIDING OFFICE& DRT-II, Delhi

Punjab and Sind Bank v. M/S Boulder Realcon Pvt. Ltd.

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Punjab and Sind Bank v. M/S Boulder Realcon Pvt. Ltd.

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