- (1.) HEARD counsel for the parties.
(2.) PETITIONERS in WPC No. 6070/07 are the Branch Manager and Collection Manager of HDFC Bank Ltd, who have assailed the Award dated 13th April 2007 (signed on 16th April 2007) passed by the Permanent Lok Adalat, Jamshedpur in PLA Case No. 124 of 2006, whereby it has awarded a sum of Rs. 2.00 lakhs to the private respondent under the provisions of the Legal Services Authorities Act, 1987. The act alleged by the private respondent for raising the dispute was relating to repossession of two trucks by the petitioner Bank for non-payment of monthly installments against the loan taken by him. The petitioner in WPC No. 6586/07 is the respondent in WPC No. 6070/07 who has claimed enhancement of the amount awarded by the same award dated 13th April, 2007.
(3.) FOR determination of the whole issue, the sole question which is required to be considered and decided is, whether under the provisions of the Legal Service Authorities Act, 1987 specially section-22A thereof which defines the public utility service, the banking service is the public utility service or not? Relevant provisions of section 22-A of the Legal Service Authorities Act, 1987 is quoted hereunder: "22A. Definitions.- In this Chapter and for the purposes of sections 22 and 23, unless the context otherwise requires, - (a) "Permanent Lok Adalat" means a Permanent Lok Adalat established under sub-section (1) of section 22B. (b) "public utility service" means any - (i) transport service for the carriage of passengers or goods by air, road or water; or (ii) postal, telegraph or telephone service; or (iii) supply of power, light or water to the public by any establishment; or (iv) system of public conservancy or sanitation; or (v) service in hospital or dispensary; or (vi) insurance service, and includes any service which the Central Government or the State Government, as the case may be, may, in the public interest, by notification, declare to be a public utility service for the purposes of this Chapter." ;