The Debts Recovery Tribunal allowed the withdrawal of the first appeal and banned the refund of court fees, distinguishing it from a Supreme Court case because the settlement was an out-of-court amicable one rather than a court-referred settlement.
Withdrawal of First Appeal (TA) allowed; Prayer for refund of court fees declined.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Debts Recovera Tribunal-Il, Delhi
rAl89212023
HDFC BANK Vs OMEGA INFRACOMMUNICATIONS PVT LTD
18.06.2026
Item no.27
Present Mr. Rahu! Gupta, counsel for applicant bank. None for defendants.
Matter is taken through Video Conferenctngl hybrid Mode.
Para 6- The refund of court fes ispermissible only if the matter is referd to Arbitration,Conciliation, judiciat settlement, including through Lok Adalat or mediation for settlement and the aseis decided in terms of such a settlement and not otherwire.
Para 7- In the case at hanQ the settlementin tenns of wltich the seconC appeal was drci(dipy theHigh S\i
Court is not on reference bany of the above authorities/fora rather itwas an amicablesetdement out of the court
Pan 8- Accordingly, we areof the opinion'that the petitioneris notenbtld to refundof the ourtfesand the High Court hasnot commiWany enor or illegality in refusing such a PnYer."
withdrawn. AllthependinglAs stand disposed of.
File be consigned torecord room
.-.,--9I.! (SUSHIL KUMAR. ) PRESIDING OFFICE& DRT-II, Delhi
A
2 issues framed by the court
Whether court fees are refundable in the case of an out-of-court settlement without reference to Arbitration, Conciliation, or mediation.
Whether the settlement between parties results in the closure of the loan account and withdrawal of the appeal.
Colour shows how this judgement treated each authority
Jage Ram Vs Ved Kaur & OrsDistinguished¶4
SLP(c)No(s).723/2023 dated 28.01.2025 in Jage Ram Vs Ved Kaur & Ors
2 provisions across 2 enactments
HDFC Bank
Omega Infracom Communications Pvt Ltd
Sushil Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
