Back
IN THE HIGH COURT OF ORISSA AT CUTTACK
S.K. PANIGRAHI
ICICI Bank Ltd., Bhubaneswar – Appellant
Versus
Prativa Bharati – Respondent
| Table of Content |
|---|
| 1. background of borrower and loans. (Para 1 , 2) |
| 2. petitioner's submissions against the lok adalat. (Para 3) |
| 3. opposition's defense against the bank's claims. (Para 4) |
| 4. court's rationale and jurisdiction of lok adalat. (Para 5 , 6 , 7) |
| 5. dismissal of the writ petition. (Para 8) |
JUDGMENT :
1. The Petitioner, in this Writ Petition, has challenged the order dated19.07.2023 passed by the leaned Permanent Lok Adalat (PUS), Balasore in PLA Case No.83 of 2022 setting aside the notices issued under the SARFAESI Act, 2002 against the legal heirs of the deceased borrower and taking symbolic possession of their house. It was further directed that the mortgage agreement by depositing of title deeds with the Petitioner/Bank executed by later Kusha Bharati and his wife Satyabati Bharati involving M/S Traini Store would be discharged after depositing of rupees 15 lakh by the Opposite Party and the properties would be free from the mortgage debts. It was also directed that all the deeds of mortgage would be returned to the Opposite Party without any extra payment along with the NOC after the amount of rupees 15 lakh is deposited. Hence, this Writ Petition.
2. The brief fact of the c
The Permanent Lok Adalat has jurisdiction to adjudicate disputes under the SARFAESI Act and properly set aside the bank's possession notices against the legal heirs after determining substantial repa....
The Lok-Adalat can settle disputes not included in pending suits, and non-registration of an award does not invalidate it.
Finality of a prior judgment bars new proceedings under the SARFAESI Act when based on the same invalid security, reinforcing jurisdictional limits of financial institutions.
Point of Law : Challenge to the award of Lok Adalat can be done only by filing a writ petition under Article 226 and/or Article 227 of the Constitution of India in the High Court and that too on very....
The Permanent Lok Adalat lacks jurisdiction over property disputes not involving public utility services, and awards obtained through fraud are void.
Writ petitions challenging actions under the SARFAESI Act are not maintainable unless exceptional circumstances exist, and parties must exhaust statutory remedies available under the Act.
The main legal point established in the judgment is the absolute bar under Section 34 of the SARFAESI Act, ousting the jurisdiction of the Civil Court in matters determined by the Debt Recovery Tribu....
The sale certificate under the SARFAESI Act is sufficient for title transfer, negating the need for further registration, and the High Court should not intervene in SARFAESI proceedings when alternat....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
