CANARA BANK Vs. G.S.JAYARAMA

JUDGEMENT

(1.) This judgment has been divided into Sec. to facilitate analysis. They are:

(2.) The dispute arises from an application[3] filed by the Syndicate Bank[4] on 31/12/2012 before the Permanent Lok Adalat at Mangalore under Sec. 22-C(1) of the Legal Services Authorities Act 1987[5]. The application had been filed against the respondent and his guarantor, in regard to credit facilities in the value of Rs.2,40,583.00 availed by the respondent from the appellant. The appellant alleged that the amount of Rs.2,40,583.00 along with interest had become due on 1/10/2012, but the respondent had not repaid it, in spite of multiple notices and requests. Hence, the appellant prayed for the recovery of Rs.2,40,583.00 with interest at the rate of 15.75 per cent and costs from the respondent and his guarantor.

(3.) Notice was issued by the Permanent Lok Adalat to the respondent on 10/1/2013, which was allegedly not claimed by the respondent. Hence, on 12/3/2013, the Permanent Lok Adalat held the service to be complete in respect of the respondent and adjourned the case to 6/6/2013 for reporting of settlement. Thereafter, allegedly on 22/8/2013, a counsel filed a memo of appearance on behalf of the respondent and matter was adjourned to allow filing of vakalatnama and objections on behalf of the respondent. On 6/2/2014, another counsel is alleged to have filed a vakalatnama on behalf of the respondent, and the case was adjourned once again.