The court held that a writ petition cannot be entertained when proceedings regarding the same recovery are already pending before the Permanent Lok Adalat to prevent pursuing two remedies simultaneously. Consequently, the petition was disposed of, directing the petitioner to pursue the remedy before the Permanent Lok Adalat.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 7
Case :- WRIT - C No. - 40396 of 2018
Petitioner :- Lal Singh And Another Respondent :- Union Bank Of India Counsel for Petitioner :- Surendra Nath Tripathi Counsel for Respondent :- Ashish Agrawal
Hon'ble Saumitra Dayal Singh,J.
Order Date :- 7.12.2018 Shahroz
3 issues framed by the court
Whether the writ petition can be entertained when parallel recovery proceedings are pending before the Permanent Lok Adalat.
Whether the petitioner can pursue two remedies simultaneously for the same recovery.
Whether the discretion to dispose of the writ petition while leaving open the remedy before the Permanent Lok Adalat was exercised correctly.
Lal Singh And Another
Union Bank Of India
Saumitra Dayal Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
