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2003 Supreme(Ker) 36

Kerala High Court
K.PADMANABHAN NAIR
Moni Mathai - Appellant
Versus
Federal Bank Ltd., Arakkunnam - Respondent
Decided On : 01/22/2003

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

Headnote:

Legal Services Authorities Act 1987 – Section 21(2) - No time limit for Writ Petition – Jurisdiction - So there is no merit in argument that O.P. is not maintainable- It is well settled position of law that mere is no time limit for filing a Writ Petition – Held, District Authority has not followed procedure for maintaining record of cases as provided under Regulation - It is well settled position of law that when a special statute provides that a particular act shall be done in a particular manner it shall be done in that manner alone or not at all - Since award is passed in violation of all statutory provisions and also against principles of natural justice it is liable to be quashed

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 respondent-Bank and no concession was given to him in the rate of interest. The second respondent-Recovery Officer issued Ext. P7 demand notice based on an order passed by the Debts Recovery Tribunal in O.A. No. 157 of 2000 dated 13-2-2002. It is also averred that the petitioners are not aware of the pendency of any such O.A. and no notice was issued to them from the Debts Recovery Tribunal. It is also contended that the second respondent initiated recovery proceedings for sale of the properties in violation of the Rules. Hence the petition for quashing Ext. P2 Award, Ext. P6 recovery notice and Ext. P7 notice of sale proclamation.

2. The first respondent-Bank has filed a counter-affidavit contending that the original petition is not maintainable and the same is filed suppressing material facts. It is contended that the first petitioner availed a loan of Rs. 7,19,000/-. Since the petitioners failed to repay the amount a notice was issued. It is contended that the petitioners came forward with the request for settling the dispute on mutual consent so that they can save the cost of litigation. It is averred that based on the request made by the petitioners, the first respondent submitted Ext. R1(A) request before the District Authority, on 10-12-1999 to take the case in the Lok Adalat and pass suitable orders. It is also contended that the petitioners were informed about the inclusion of the matter in the Lok Adalat by the first respondent-Bank and the District Authority. The petitioners were co-operative and agreed to pay the amount together with interest within one year from the date of award. It is also contended that reasonable opportunity was given to the petitioners before signing the compromise proposal and the parties had agreed to settle the matter and filed a compromise petition and based on the compromise petition, the award was passed. It is contended that the compromise petition was signed by all the petitioners and countersigned by the Presiding Officer. It is contended that the jurisdiction of the Lok Adalat is not confined to settle disputes in pending cases but also to matters which are not filed before any Court. It is contended that in view of the provisions contained in Section 21 of the Legal Services Authorities Act, 1987 (for short, the Act), the petitioners are not entitled to challenge the award at all. It is also averred that based on Ext. P2 award, the Bank filed O.A. No. 157 of 2000 before the Debts Recovery Tribunal and the Tribunal disposed of the O.A. allowing the Bank to recover an amount of Rs. 10,42,057.00. It is also averred that order is passed by the Tribunal in exercise of the powers conferred under Section 31-A of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993. It is also contended that the final





























































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