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High Court Of ChhattisgarhWPC/1028/2014dismissed

Branch Manager Mahindra And Mahindra Finance Ser. Ltd. v. Vijay Kumar

2019-09-09Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 1028 of 2014 • Branch Manager, Mahindra And Mahindra Finance Service Ltd. Mandliya Office No. 1 (152300) Behind Krishna Petrol Pump, Geedam Road, Distt. Jagdalpur Bastar C.G.

---- Petitioner

Versus

• Vijay Kumar, S/o Shri Dayaram Poyam, Aged About 36 Years, Caste Kalar, R/o Pipariya, Bahigaon, Tehsil Keshkal, Distt. Kondagaon C.G. ---- Respondent For Petitioner Shri Sunil Otwani, Advocate For Respondent Shri Vishnu Koshta, Advocate Hon'ble Shri Justice Goutam Bhaduri Order On Board 09/09/2019 1.

Heard.

2.

Challenge in this petition is the to the order dated 29.03.2014, passed by the permanent Lok Adalat (Public Utility) in case No. 06 of 2013 in exercise of power under Section 22A, of the Legal Services Authorities Act, 1987. The petition was admitted on the ground that public utility service of finance was not included in the Act of 1987, but during the course of submission, it is being pointed out that by a notification dated 26.11.2012, the definition of the public utility service under Section 22A, have been enlarged and sub-section (vii) of sub-section (b) services of banking and other financial institution has been included. 3.

In view of such, since the notification is of 2012, therefore, the instant

petition would not survive as the order is of 2014, and the suit was filed after the issuance of the notification. In the instant petition no relief can be granted for want of jurisdiction of the Court below. 4.

Accordingly, the petition stands dismissed.

Sd/- (Goutam Bhaduri) Judge Jyoti