YES BANK LIMITED Vs. UNION OF INDIA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Respondents waive service. By consent of the parties heard finally.

(2.) This Writ Petition is filed under Article 226 and 227 of the Constitution of India by the Petitioner bank, praying for a writ of mandamus for quashing the words "and Defendant shall file joint Application" from Rule 5 of the Debts and Recovery Tribunal (Refund of Court fees) Rules, 2013, (Refund Rules) and also seeking a direction to Respondent No.3 (Registrar, DRT-II) Mumbai, to immediately release the amount quantified in impugned order without insisting for joint Application.

(3.) The Petitioner is inter alia engaged in the business of banking and is governed by the Banking Regulation Act, 1949 and the rules and regulations framed thereunder. The Petitioner had advanced a loan to one of its borrowers, who had defaulted in its repayment. The Petitioner hence had filed recovery proceedings before the Debt Recovery Tribunal-II, Mumbai, numbered as O.A. No. 410 of 2018. However, after filing of the said proceedings a settlement was arrived between the parties. The Petitioner thereafter filed Interlocutory Application No. 272 of 2019 in the said Original Application No.410 of 2018, seeking permission to withdraw the Original Application as the Petitioner had received the settlement amount.