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2023 Supreme(Online)(CHH) 5129

HIGH COURT OF CHHATTISGARH - PRINCIPAL BENCH CHHATTISGARH
BRANCH MANAGER CHOLAMANDALAM INVESTMENT AND FINANCE CO. LTD – Appellant
Versus
UMASHANKAR SAHU – Respondent


Advocates:
['Swayam Tehanguria', '', 'MUKESH SHARMA', 'RAJKUMAR PALI', '', 'Amit Kumar Sahu', 'POOJA RANI PALI']

Order on Board

12.01.2023

1. This Petition is directed against the award dated 29.09.2021 passed by the Permanent Lok Adalat (Essential Services) Bilaspur in Case No.02/2017 whereby, the application filed by the Respondent under Section 22(A) of the Legal Aid Services Authorities Act, 1987 (for short ‘the Act of 1987’) has been allowed and the award has been passed.

2. At the outset, Shri Sharma submits that the Petitioners are a Company registered under the provisions of Indian Companies Act under Section 45 of the Reserve Bank of India Act, which is a non-

banking financial institution providing financial assistance for purchase of vehicles and machineries for allied purposes. He further submits that the jurisdiction of Permanent Lok Adalat for the public utility has been well defined under Section 22A(b) of the Act of 1987 in which, neither financial institution nor services provided by the financier is mentioned nor any notification has been issued by the Central or State Government to include such service as public utility, therefore, the award passed by the Permanent Lok Adalat is without jurisdiction and is not sustainable. He lastly submits that the present dispute is between

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