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2014 Supreme(J&K) 170

BANSI LAL BHAT
Ishpal Singh – Appellant
Versus
Lok Adalat – Respondent


Advocates Appeared:
Surinder Kour, Davinderpreet Kour, Monika Kohli.

1. Petitioner who had obtained loan for purchase of truck to the tune of Rs. 5.24 lacs from the State Bank of India Zonal Office, Jammu in the year 2004 and was saddled with the liability to pay an amount of Rs.4,34,864/- alongwith interest @ 11.75% per annum with quarterly, rests and costs in terms of judgment and decree dated 17.8.2010 passed by the learned Additional District Judge Bank Cases, Jammu in ex parte, is aggrieved of the award passed in execution proceedings by the Lok Adalat on 25.1.2012 by virtue whereof he was directed to pay an amount of Rs. 04,80,000/- as full and final settlement in two installments, first installment of Rs.2,80,000/- payable before 7.2.2012 and second installment of Rs.2.00 lacs payable by 29.2.2012. The impugned award has been assailed on the following grounds:

i) that the petitioner never authorized his counsel to enter into settlement with respondent-2 before Lok Adalat.

ii) that reference to Lok Adalat was bad in law.

2. Respondent- Bank has filed objections pleading that the petitioner cannot be permitted to raise disputed questions of fact. It is further pleaded that the petitioner has played a fraud on court by withholding vital documents r











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