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2017 Supreme(Ker) 1021

K.VINOD CHANDRAN
P. Hamza – Appellant
Versus
Canara Bank – Respondent


Advocates Appeared:
For the Petitioner:S. Easwaran, P. Muraleedharan Irimpanam, M.A. Augustine, P. Sreekumar Thottakkattukara, Soumya James, Advocates.
For the Respondent:E.M. Murugan, G. Thankom, Advocates, Pauly Mathew Muricken, SC.

JUDGMENT :

1. The only issue raised is the jurisdiction of the Lok Adalat to pass Exhibit P3 award. The award passed is under the Legal Services Authorities Act, 1987 [for brevity “LSA Act”] in the presence of the parties to the anticipated lis, with their consent and on an agreement between the parties.

2. The petitioner herein had availed a loan, with security offered by way of mortgage of immovable properties, from the respondent-Bank and defaulted it. The Bank approached the Lok Adalat constituted at Ottapalam, where the transaction took place and the mortgaged properties are situated, with a petition under Section 19 of the LSA Act. The amounts due from the petitioner at that point of time was Rs.30,11,068/-. It was settled for an amount of Rs.21,00,000/-, to be paid on or before 05.11.2015. On default, it was agreed that the respondent-Bank would be entitled to recover the dues of Rs.30,11,068/- with interest at the rate of 12% per annum from the date of the award.

3. The petitioner having not complied with the award, the respondent-Bank was before the Debts Recovery Tribunal [for brevity “DRT”], Ernakulam, which passed Exhibit P4 order, deeming the award passed by the Lok Adala





















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