The DRT, Delhi dismissed the application withdrawn due to amicable settlement. The court declined the refund of court fees as the settlement was out-of-court, not pursuant to a reference to Lok Adalat or conciliation under Supreme Court guidelines.
The prayer for refund of court fee is declined. All pending IAs are disposed off.
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Debts Recovery Tribunal-Il, Delhi
TAlL9OO|2022
STATE BANK OF INDIA Vs NEMI CHAND JATX 23.03.2026 Item no. 25
Present: Shri Komal Sharma, counsel for applicant bank. None for defendants.
Matter is taken through Video Conferencingl Hybrid Mode. 2. IA no.265512025 is filed by the applicant bank for substitution of authorized representative. The IA is forma! in nature, hence, it is allowed.
passed the order in SLP(c) No(s).72312023 dated 28.01.2025 titled as Jage Ram Vs Ved Kaur & Ors. The Honble Supreme Couft has considered the matter and has held that:
Para 6- The refund of court fees is permissible only if the matter is referrd to Arbitratioq Conciliatio4 judicr?l settlement, including through Lok Adalat or mediation for settlement and the case is duidd in terms of such a settlement and not otherwis.
Para 7- In the case at han4 the settlement in terms of which the suond appeal was decidd by the High Court is not on reference to any of the above authorities/fora rather it was an amiable settlement out of the court.
Para B- Accordingly, we are of the opinion that the petitioner is not entitld to refund of the court fes and the High Court has not committd any eror or iilegality in refusing such a prayer. "
File be consigned to record room.
SJ, (SUSHIL KU lYex RASTOGI) PRESIDING OFFICER DRT-II, Delhi
P
2 issues framed by the court
Whether court fees are refundable when a matter is amicable settled out of court without referral to Lok Adalat or conciliation.
Whether pending incidental applications stand disposed of upon withdrawal of the main appeal/judgment.
Colour shows how this judgement treated each authority
Jage Ram Vs Ved Kaur & Ors.Referred¶11
SLP(c) No(s).72312023 dated 28.01.2025 titled as Jage Ram Vs Ved Kaur & Ors.
STATE BANK OF INDIA
NEMI CHAND JAT
SUSHIL KUMAR RASTOGI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
