HAMZA.P. Vs. CANARA BANK
LAWS(KER)-2017-11-9
HIGH COURT OF KERALA
Decided on November 15,2017

Hamza.P. Appellant
VERSUS
CANARA BANK Respondents




JUDGEMENT

- (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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