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2009 Supreme(Jhk) 521

D.N.PATEL
State Bank of India, Dhanbad – Appellant
Versus
State of Jharkhand – Respondent


Advocates appeared:
For the petitioner:M/s Rajesh Kumar, Deepak Kumar Bharti, Manindra Kumar Sinha, Advocates
For Respondent No. 1:M/s Rahul Gupta (JC to AG) For Respondent No. 2 R.S. Majumdar, Advocate
P.A.S. Pati, Advocate

JUDGMENT :

1. The present writ petition has been preferred mainly against a decision rendered by Permanent Lok Adalat at Dhanbad, on merits, in Permanent Lok Adalat Case No. 91 of 2007 dated th February, 2008 (Annexure 2 to the memo of present petition)

Counsel appearing for the petitioner-bank submitted that Permanent Lok Adalat ought not to have decided, on merits, the claim between the parties by exercising power, jurisdiction and authority under the Legal Services Authority Act, 1987 (hereinafter referred to as “the Act, 1987”). In fact, there is no willingness, on the part of the petitioner-bank to pursue the matter before the Permanent Lok Adalat in the Permanent Lok Adalat Case No. 91 of 2007. It is contended by the counsel for the petitioner that a loan amount of Rs. 2,25,000/-(Two lacs twenty five thousand) was received by the respondent from the State Bank of India towards housing loan in the year, 1995 with an interest @ 11% per annum, having equal monthly installment of Rs. 3079/-per month, on the assessable amount. Instead of making payment of the outstanding amount, an application was preferred by the respondent before Permanent Lok Adalat at Dhanbad, State of Jharkha























































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