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2003 Supreme(Ker) 36

K.PADMANABHAN NAIR
Moni Mathai – Appellant
Versus
Federal Bank Ltd. , Arakkunnam – Respondent


Advocates:
Noble Mathew, for Petitioners; Varghese C. Kuriakose (for No. 1) and C. B. Sreekumar, Add. CGSC (for No. 2), for Respondents.

Judgement

ORDER :- The Original Petition is filed for quashing an award passed by the Lok Adalat held by the District Legal Services Authority constituted under the Kerala State Legal Services Athorities Act (District Authority for short). The first petitioner is the son of petitioners 2 and 3. The first petitioner availed a loan from the first respondent-Bank on 29-1-1996. The second and third petitioners were the co-obligants for the loan amount. The petitioners committed default in repaying the debt. It is averred that the petitioners received a notice from the first respondent asking them to attend a Lok Adalat to be held on 14-1-2000. It is further averred that usually cases pending before the civil Courts alone are posted before the Lok Adalat but the petitioners did not receive any such notice from any of the civil Courts. It is also averred that the first petitioner expressed his willingness to settle the case provided the first respondent reduces the rate of interest. It is alleged that Ext. P2 award was passed by the Lok Adalat conducted by the District Authority without hearing the petitioners. It is also provided that the first petitioner was cheated by the first respond






























































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