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2013 Supreme(Kar) 860

N.KUMAR
Thimmyya – Appellant
Versus
State Bank of India rep by its Manager, Gulbarga – Respondent


Advocates Appeared:
For the Petitioner:Jambayya Swamy Hiremath, Advocate.
For the Respondent:Manavendra Reddy, Advocate.

Judgment :

Kumar, J.

1. The petitioner has preferred these writ petitions seeking a writ of certiorari for quashing the impugned order at Annexure ‘G’, the order passed by the permanent Lok Adalat at Gulbarga holding that Banking and Financial Institution Services fall in the category of Public Utility Services under the Legal Services Authorities Act, 1987 (hereinafter referred to as ‘the Act’) and therefore the application filed under Order VII Rule 11 of the Code of Civil Procedure for rejection of the plaint is not maintainable.

2. The respondent-State Bank of India filed a suit for recovery of money of Rs.1,29,065/- against the petitioner herein under Section 22 C(1) of the Legal Services Authorities Act, 1987. The petitioner entered appearance and filed the written statement. He also filed an application under Order VII Rule 11 of the Code of Civil Procedure for rejection of the plaint on the ground that the Lok Adalat has no jurisdiction to entertain the suit as the plaintiff in the suit is not a Public Utility Service as defined under the Act. Relying on a notification issued by the Government, which is produced at Annexure ‘H’, the permanent Lok Adalat has declared that the B















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