NILAMBAR MAHTHA Vs. CENTRAL BANK OF INDIA

JUDGEMENT

(1.) Heard the parties.

(2.) The present writ petition has been filed under Article 226 of the Constitution of India by the Petitioner, raising a grievance against the order dated 11.7.2003 (Annexure-2) passed in Title Suit No. 74 of 2002 (Nilambar Mahtha v. Central Bank of India and Ors.) by learned Sub-Judge-III, Darbhanga, whereby the aforesaid suit preferred by the Plaintiff-Petitioner for declaring the Award dated 21.1.2001/ 29.9.2001 by the Lok Adalat, Darbhanga, has been dismissed on the ground of want of jurisdiction in view of certain provisions under the Legal Services Authorities Act, 1987 (hereinafter referred to as "the Act").

(3.) Mr. Shankar Kumar Thakur, Learned Counsel appearing on behalf of the Petitioner, has submitted that one Raj Kumar Mahtha, brother of the writ Petitioner, had applied for cash credit facility before the Respondent-Central Bank of India, in the year 1989 and accordingly, Cash Credit Account No. 164 was opened on 9.3.1989 in the name of Raj Enterprises, Bela Chowk, Darbhanga. Mother of Raj Kumar Mahtha was the guarantor. Aforesaid ac-count was operated by aforesaid Raj Kumar Mahtha, brother of the Petitioner, and certain amount became due against him.