Allowed

Bank of Baroda v. M/S Garden Gift Agro Pvt. Ltd.

DRT26 May 2026TA/950/2023

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal allowed the applicant bank's plea to withdraw the transfer application as the dispute was settled via OTS. The court denied the refund of court fees, distinguishing the case from Supreme Court precedent because the settlement was amicably reached outside the court rather than through reference to arbitration or Lok Adalat.

What did the court decide?

Prayer to withdraw transfer application allowed; prayer for refund of court fees dismissed as filed.

Bank of Baroda versus M/S Garden Gift Agro Pvt. Ltd. — DRT (2026) — LawSathi Research

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Debts Recovely Tribuna!-Il, Delhi

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TA/95O 12023

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BANK OF BARODA Vs M/S GARDEN GIFT AGRO PVT LTD.

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26.0s.2026

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Item no.96

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Present Mr. Biswajit Kumar Patra, 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.662512026 has been filed by the applicant bank for withdrawal of the present TA.

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The Ld. Counsel for the applicant bank submitted that the abovementioned matter is already settled between the parties pursuant to approval of OTS proposal given by the defendants and the applicant bank has already received the entire amount on 27.03.2026. The copy of Letter of acceptance of OTS proposal issued by the bank is annexed. He further submits that she wish to withdraw the present TA. The Ld. Counsel for applicant bank also^prayed for return of the original documents.

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The Ld. Counsel for the applicant bank has also requested for refund of the cout 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 C-ourt has passed the order in SLP(c) No(s).72i/2023 datd 28.01.2025 titled as Jage Ram Vs Ved Kaur & Orc. The Hontle 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, judicr?l ettlement, including through Lok Adalat or mdiation for sttlement and the case is drcidd in terms of such a settlement and not otherwis.

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Para 7- In the ase at hanQ the settlement in terms of which the wond appeal was decidd by the High Court is not on reference to any of the afuve authorities/fora rather it was an amicable sttlement out of the court

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Para 8- 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 error or illqality in refusing such a qQypr."

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9a,

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')'

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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 refund of couft fees is hereby decl

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In view of the above submission made by the Ld. Counsel for applicant ban( IA no.662512026 is allowed. TA195012023 is dismissed as withdrawn. Registry is directed to return the original documents after keeping the ceftified copies on

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File be consigned to record room.

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lll

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(susHrL KffiAfl RASTOGT) PRESIDING OFFICER DRT-II, Delhi

Bank of Baroda v. M/S Garden Gift Agro Pvt. Ltd.

Case brief

What is this about?

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Bank of Baroda v. M/S Garden Gift Agro Pvt. Ltd.

Case brief

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