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VINOD S. BHARADWAJ
Chairman, State Bank of India – Appellant
Versus
Permanent Lok Adalat (Public Utility Services) – Respondent
JUDGMENT :
Vinod S. Bhardwaj, J.
1. Challenge in the present writ petition is to the award dated 24.12.2014, passed by the Permanent Lok Adalat (Public Utility Services), S.A.S. Nagar, Mohali, whereby it issued generalized directions to the petitioner-bank to honor cheques upto the value of Rs.10 Lakhs, whether presented in the Home or non-home Branch, till the cheque books are made in consonance with the instructions issued by them. The operative part of the aforesaid award which has given rise to the filing of the present writ petition reads thus:
2. When the matter came up for hearing on 30.04.2015, the following order was passed by this Court:
The Permanent Lok Adalat cannot issue generalized directions without following mandatory conciliation procedures as per the Legal Services Authorities Act.
The judgment establishes the jurisdiction of the permanent Lok Adalat to adjudicate disputes relating to banking services and emphasizes the mandatory nature of the conciliation procedure before pass....
Permanent Lok Adalat jurisdiction limited to pre-litigation public utility service disputes; mandatory conciliation required before merits adjudication, irrespective of party non-appearance.
Permanent Lok Adalat cannot grant decrees for adoption, as its jurisdiction is limited to public utility services only.
Lok Adalat cannot perform any adjudicatory function in terms of Section 20 of LSA Act – Permanent Lok Adalat would proceed to adjudication of a dispute on its merits only after attempting and failing....
The Permanent Lok Adalat lacks jurisdiction over disputes not directly related to public utility services, and procedural fairness, including the right to cross-examine, is essential for valid adjudi....
Permanent Lok Adalats lack the jurisdiction to decide policy matters and should act only as conciliators in disputes, not as adjudicative bodies.
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