GH RASOOL Vs. GH MOHD

JUDGEMENT

(1.) THE question referred for our opinion by a learned Judge of this court is as follows : -

(2.) THE Jammu and Kashmir Debtors Relief Act. 1976 (hereinafter referred to as the Act) was enacted by the State Legislature in order to relieve the indebtedness of the weaker sections of the people in the State. Section 3 provides for the constitution of Debt Conciliation Boards for the purpose of settlement of debts. Section 4 requires every debtor and creditor to apply to the Board for settlement of debts in which he may be interested and provides as under :

(3.) SECTION 14 requires a creditor to make such application on pain of the debt being extinguished if he fails to move the Board. The only exception to this rule is a debt in respect of which a suit or other proceedings is pending in a civil or revenue court. Such suit or proceeding is liable to be transferred for disposal to the Board under section 29 of the Act. The expression debt, debtor and creditor have special meaning given to them in section 2 of the Act. To begin with the Board is required to make endeavours to induce the parties to arrive at an amicable settlement and where such efforts fail the Board is required to accord whatever evidence may be adduced by the parties and then, consistently with the Act make such orders as may be just and equitable. Section 17 empowers the - Board to decide all the relevant questions which might arise during the course of the proceedings before it. An appeal can be taken against an adjudication made by the court touching the rights of the parties as also against the final orders made by it to the appellate authority appointed under the Act. Section 18 bars the jurisdiction of the civil courts and provides: