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Supreme Court of India · 19/05/2022

CANARA BANK versus G S JAYARAMA

[2022] 4 S.C.R. 162 · 2022 INSC 597

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Summary

Syndicate Bank (now Canara Bank) applied to the Permanent Lok Adalat under Section 22-C(1) of the Legal Services Authorities Act, 1987 to recover Rs. 2,40,583 from a borrower and his guarantor. The borrower appeared through counsel but did not participate; without any conciliation or proposed settlement terms, the Permanent Lok Adalat decided the claim on the bank's evidence by award dated 19.11.2014. In execution, the Karnataka High Court quashed the award, holding that a Lok Adalat has no adjudicatory function. The Supreme Court held the High Court wrong on the law — a Permanent Lok Adalat under Chapter VI-A, unlike a Lok Adalat under Section 19, can decide a dispute on merits under Section 22-C(8) — but upheld the setting aside of the award because the conciliation steps in Section 22-C(3) to (7) are mandatory and cannot be skipped because the opposite party is absent.

Issues

  1. Whether conciliation proceedings under Section 22-C of the Legal Services Authorities Act, 1987, including the formulation of terms of settlement under sub-section (7), are mandatory before a Permanent Lok Adalat may decide a dispute on merits under sub-section (8), and whether they may be dispensed with when the opposite party does not appear.
  2. Whether a Permanent Lok Adalat established under Section 22-B of the Act has adjudicatory functions, as distinct from a Lok Adalat constituted under Section 19.

Provisions considered

Held

Result

Appeal disposed of; the Karnataka High Court's judgment of 06.03.2021 in Writ Appeal No. 514 of 2020 setting aside the Permanent Lok Adalat's award of 19.11.2014 upheld on the ground that mandatory conciliation under Section 22-C was not followed, while its observations that Permanent Lok Adalats have no adjudicatory function are held incorrect; rights and contentions on merits kept open. No order as to costs.

Judgment PDF: Supreme Court of India, [2022] 4 S.C.R. 162.