M/S. Joy Ma Tara Stationery And Bhai Bhai Sweets And ANR. v. The State Bank Of India And ORS.
09.06.2025 Court No.14 AGM
IN THE HIGH COURT AT CALCUTTA
CONSTITUTIONAL WRIT JURISDICTION WPA 18760 of 2023 M/s. Joy Ma Tara Stationery & Bhai Bhai Sweets & Anr.
Vs.
The State Bank of India & Ors.
Mr. Sandipan Banerjee Mr. Arijeet Bhattacharjee ...for the Petitioners.
Mr. Debasish Saha Ms. Sucheta Pal ...for the Bank.
1.
The instant writ petition is in reference to an award passed by the Lok Adalat, Bench No. 1 held on 14th July, 2018 at Durgapur, Burdwan in PreLitigation Case No. 1034 of 2018. 2.
According to the petitioners, the said award was passed in respect of two loan accounts being DL30554755617 and OD-30555289337 as mentioned in the application made by the bank before the Lok Adalat.
3.
The petitioners assert that the award passed by the Lok Adalat has been accepted and payment had been made by the petitioners in terms of the said award.
4.
The Bank already issued a No Due Certificate in respect of both the loan accounts on 14th December, 2018.
5.
The Bank has, thereafter, by a communication dated 15th December, 2018 intimated the petitioners that the settlement in the Lok Adalat was in respect of only one account. The petitioner is aggrieved by the same.
6.
Learned advocate for the bank submits that though two account numbers were mentioned in the application, but the award was passed in respect of only one account (term loan account) and not the overdraft account.
7.
As the award in question was passed by the Lok Adalat, in compliance of which the No Due Certificate was issued by the bank, accordingly, the parties are relegated to the Lok Adalat for any clarification/modification of the award dated 14th July, 2018.
8.
The Bank is, however, restrained from taking any coercive step against the petitioners till the matter is clarified by the Lok Adalat.
9.
The writ petition stands disposed of.
10. Urgent certified photocopy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities.
(Amrita Sinha, J.)