Corporation Bank v. Bhagwan
Case brief
What is this about?
The Debts Recovery Tribunal declined the applicant bank's prayer for refund of court fees, holding that an out-of-court settlement does not warrant such refund under Supreme Court principles.
What the court decided
Debts Recovely Tribunal-Il, Delhi
TA/301 12023 CORPORATION BANK Vs BHAGWAN SRI
23.06.2026
Item no. 59
Present Shri Manoj Kumar Mishra, counsel for applicant bank.
None for defendants.
Matter is taken through Video Conferencingl Hybrid Mode.
- IA no.323912025 has been filed by the applicant bank for withdrawal of thepresent OA and refund of the court fee.
- The Ld. Counsel for the applicant bank submits that the defendants approached the applicant bank for settlement and the request of the defendants was accepted by the applicant bank. It is submitted that in terms thereof, the defendants had paid the entire amount as settled, and accordingly, after receiving the payment, the account was closed. Therefore, it is prayed to withdraw the present OA and prayed for refund of the court fee.
- Heard the Ld. Counsel for applicant bank and perused the records.
- The Ld. Counsel of the applicant bank has requested for refund of the couft fees. It is submitted that the defendants had paid the entire amount as settled, and accordingly, after receiving the payment, the account was closed, therefore, the couft fees may be refunded as per provisions contained in the rules. In this regard theW Hontle Supreme Court has passed the order in SLP(c) No(s).72312023 dated 28.01.2025 titled as Jage Ram Vs Ved Kaur & Ors. The Honble Supreme Court has considered the matter and has held that: _
Parties & counsel
- applicant
CORPORATION BANK
- other
BHAGWAN SRI
Coram
eA (susHrL KUMAR RASTOGI)
Case details
As recorded by the court registry
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