Rajasthan High Court
State Bank Of India vs Badri Vishal Sharma Son Of Laxmi ... on 30 January, 2023
Bench: Inderjeet Singh
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 19471/2022
State Bank Of India
----Petitioner
Versus
Badri Vishal Sharma Son Of Laxmi Narayan Sharma
----Respondent
For Petitioner(s) : Mr. Alok Garg
For Respondent(s) :
HON'BLE MR. JUSTICE INDERJEET SINGH
Order
30/01/2023
Counsel for the petitioner submits that the issue involved in
this writ petition has already been considered by the Co-ordinate
Bench of this Court in the matter of State Bank of India & Anr. Vs.
Shri Narsingh & Anrs. (S.B. Civil Writ Petition No.5070/2020),
wherein on 19.02.2021, the following order was passed:-
"Learned counsel for the petitioner submitted
that the impugned award has been passed by
the Permanent Lok Adalat exercising its power
under Section 22(C) of the Legal Services
Authorities Act, 1987.
Learned counsel submitted that the application under
Section 22(C) could not have been entertained by the Lok
Adalat as the definition of "Public Utility Service" as
provided under Section 22A, did not include banking and
financial institutions services.
Learned counsel submitted that the power has been given
to declare any service as "public utility service" which the
Central Government or the State Government may in the
public interest
declare by gazette notification to be a public utility service.
Learned counsel submitted that the State Bank of India is a
nationalized bank and does not come under control of State
Government but the notification by the Law and Legal
Affairs
Department, Government of Rajasthan, dated 29.12.2014
has declared banking and financial institution services as
public utility services for the purpose of Chapter VI-A of
the Legal Services
(2 of 2) [CW-19471/2022]
Authorities Act, 1987.
Learned counsel submitted that the said notification may
be applied to the banking and financial institution services,
which are controlled by the State Authorities of Rajasthan,
however, the competent authority, to issue notification
under Section 22(A) for State Bank of India, can be
Central Government alone.
Learned counsel further submitted that the Central
Government has also issued notification from time to time
and Ministry of Law and Justice, Department of Justice,
has issued Gazette Notification dated 16.02.2016 where
Education or Educational Institutions and Housing and
Real Estate Service have been included as public utility
services, however, no notification has been issued by the
Central Government in respect of banking and financial
institution services.
Learned counsel also placed reliance on a judgment passed
by Karnataka Circuit Bench at Gulbarga in S.B. Writ
Petition No.84754-755/2010 decided vide order dated
13.02.2013.
Learned counsel submitted that the complainant, if had any
grievance, could have resorted to any remedy provided
under law like by filing complaint under Consumer
Protection Act or any
other remedy, but no remedy was available to the
complainant under the Legal Services Authority Act, 1987.
The matter requires consideration.
Issue notice of the writ petition as well as stay application,
returnable on 22.03.2021.
List the matter alongwith S.B. Civil Writ Petition
No.5258/2020.
Till the next date, effect and operation of order dated
04.02.2020 shall remain stayed."
In that view of the matter, issue notice to the respondents,
returnable by six weeks.
Meanwhile, operation of the award dated 12.10.2022 passed
by the learned Permanent Lok Adalat, Jhalawar shall remain
stayed.
List after six weeks along with S.B. Civil Writ Petition
No.5070/2020
(INDERJEET SINGH),J
Upendra Pratap Singh /91
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