HIGH COURT OF KERALA
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(1.) The only issue raised is the jurisdiction of the Lok Adalat to pass Exhibit P3 award. The award passed is under the Legal Services
Authorities Act, 1987 [for brevity "LSA Act"] in the presence of the
parties to the anticipated lis, with their consent and on an agreement
between the parties.
(2.) The petitioner herein had availed a loan, with security offered by way of mortgage of immovable properties, from the
respondent-Bank and defaulted it. The Bank approached the Lok
Adalat constituted at Ottapalam, where the transaction took place and
the mortgaged properties are situated, with a petition under Section
19 of the LSA Act. The amounts due from the petitioner at that point of time was Rs.30,11,068/-. It was settled for an amount of
Rs.21,00,000/-, to be paid on or before 05.11.2015. On default, it was
agreed that the respondent-Bank would be entitled to recover the
dues of Rs.30,11,068/- with interest at the rate of 12% per annum
from the date of the award.
(3.) The petitioner having not complied with the award, the respondent-Bank was before the Debts Recovery Tribunal [for brevity
"DRT"], Ernakulam, which passed Exhibit P4 order, deeming the award
passed by the Lok Adalat to be a decree. By Exhibit P4, the Bank was
permitted to recover a sum of Rs.32,00,147/- with interest on the sum
of Rs.30,11,068/- at the rate of 12% per annum from 08.08.2015. The
liability of the petitioner as per the terms of the agreement, based on
which the loan was availed, as on 18.09.2017 was Rs.45,95,957/-. As
per the Lok Adalat award, it is Rs.37,73,321/- with future interest only
on the amounts as awarded by the Lok Adalat.;
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