What is Lok Adalat and What is the Procedure for settlement of Loan in Lok Adalat?
Lok Adalat is a
process of administering justice without resorting to litigation, Its process
is voluntary and works on the principle
that both the parties to the dispute are wiling to sort out their disputes
amicably. Through this mechanism, disputes can be settled in a simpler, quicker
and cost effective manner.
There are certain
advantages in using the forum of Lok Adalat by banks in compromise settlement
of NPAs. There are no Court fees involved when fresh disputes are referred. It
can take cognizance of any existing suit in the Court/DRT. If no settlement is
arrived at, the parties can continue with the Court/DRT proceedings. The award
is having legal status and is binding on a decree. The award is not appealable,
as it is arrived at through the consent of parties. It is a speedier system of
administration of justice.
What is the Constitution of Lok Adalat?
1.
Lok Adalat is the body
constituted within the legal system to encourage settlement of disputes in an
atmosphere of conciliation without going to the Courts and for arriving at a
workable solution amicably. It can take cognizance of both suit filed and non suit filed cases.
2. The Lok Adalats shall,for the
purpose of holding any determination under the Act, have the same powers as are
vested in the civil Court under the Code of Civil Procedure while trying a suit in respect of the following :
a) The summoning and enforcing the
attendance of any witness and examine him on oath;
b) The
discovery and production of any documents
c) The reception of any evidence on
affidavits;
d) The requisitioning of any public
record or document or copy of such record or document from
any court or office.
e) Such other matters as may be
prescribed.
3. The Lok Adalat has the power to
specify its own procedure for determination of any dispute coming before it.
All the proceedings before the Lok Adalat shall be deemed to be a judicial
proceedings and every Lok Adalat shall be deemed to a Civil Court for the purposes of Indian
Penal Code and Criminal Procedure Code.
What is the Jurisdiction of Lok Adalat?
Normally the
local Chief Judicial Officer identifies cases for reference to Lok Adalats, It
has jurisdiction in respect of
1.
cases pending before the court.
2.
Matters falling within the
jurisdiction of the court but not brought before the court (non suit filed)
3.
Matters pending before Debt
Recovery Tribunals.
If a case is Pending Before Court whether it can be taken to Lok Adalat?
Court may refer
the case to Lok Adalat
a)
where the parties to the case
agree to refer the case to Lok Adalat,
b)
where one of the parties
applies to the court for referring the case to Lok Adalat and court is satisfied
as to the chances of settlement after giving reasonable opportunity of being
heard to the parties,
c)
where the court is satisfied that the matter is an
appropriate one to be taken cognizance by Lok Adalat, after giving
reasonable opportunity of being heard to
parties.
Where no Case is Pending
Before the Court :
On an application to the Authority
/ Committee organizing Lok Adalat, from anyone of the parties to the
matter, such authority / committee may refer the matter to Lok Adalat, if it is
a matter that need to be determined by Lok Adalat, after giving reasonable
opportunity of being heard to the other party. In case the matter is not settled
before the Lok Adalat, the parties will be advised to seek remedy in a court.
Eligibility for Coverage for Lok Adalat.
The scheme
includes all NPA accounts both suit
filed and non-suit filed, with outstanding balance upto Rs.20 lakh. However, it must be noted that in case no settlement could be
arrived at and no Award has been made in respect of a non suit filed case, then
mere reference to Lok Adalat would not save the documents from the operation of Law of Limitation. In other words, if no Award has been made in
respect of a non suit filed case, then the documents should be kept live by
obtaining Balance Confirmation from time to time. How ever in respect of non-suit
filed accounts the value of security held should not exceed Rs.1.00 cr for the
account/s to become eligible for settlement under lok adalat scheme. Suit field account with outstanding balance
above Rs.20 lakhs can be referred to the lok adalat conducted by the DRT
irrespective of the value of security held.
What is the Working of Lok Adalats :
The advocates of
plaintiff Bank as well as the defendant are given advance intimation of reference
of the cases to Lok Adalats. The place and date of sitting of the same are also
informed to the parties. If the parties are mutually agreeable to settle the
disputes through conciliation, the Lok Adalat passes and appropriate Award
immediately. The Award so made shall be deemed to be a decree of Civil Court. Every
Award made by a Lok Adalat shall be final and binding on all the parties to the
dispute and no appeal shall lie to any Court against the Award.
The State / District level Legal Aid Committee/s Boards identifies
the place/s of Lok Adalat and communicate the same to the Steering committee, which in turn gets in
touch with individual banks on possibilities of holding Lok Adalat.
Once both the parties have
agreed for settlement, an Award will be
passed by Lok Adalat which is deemed to be a decree of a civil court. With a
view to make the borrower to adhere to the settlement the Award shall have
single / double default clause.
It may also be
noted that in respect of non suit filed accounts to refer the cases to lok
adalat , the jurisdiction of the Loak Adalat is linked to the jurisdiction of
the Local legal Services Authority (LLSA) . In respect of cases falling with
the jurisdiction of DRTs Which will have territorial jurisdiction over more
than one district the reference of cases shall be done only be the State legal Services Authority.
What is the Settlement Formula in Lok Adalat?
The settlement of dues through
the forum of Lok Adalat has been flexible having regard to the book balance on
the date of account becoming NPA, interest and other costs charged to the
borrower’s account thereafter value of security repaying capacity of the borrower and cost of recovery etc.
The repayment in installments
extended over a period of one to three years with proper justification may be
considered.
The settlement should contain a
default clause that incase the borrower fails to abide by the terms of the compromise , the entire
debt without any concession will fall due for payment and the bank may initiate
further legal proceedings, by way of filing execution petition based on the award passed by Lok Adalat.
What is the Repayment Period of settled loan in Lok Adalat?
Repayment period
in case of compromise through Lok Adalat can be considered over a period of 1
to 3 years in exceptional cases, with
proper justification.