Cpc and money loan court act

Success and failure of adr under cpc

Mediation fail Whether Court has jurisdiction to try the same suit?

recommendations

Pending cases Total Tk crore State banks cases Private bank cases 7935 Foreign bank case87 Specialized bank cases 7144

Artha rin adalat ain 2003 Financial institution,banks and loan provider institution After auction sale go to the court. Only mediation

mediation 4 stages for mediation After filing written statement-s-22 Before pronouncement of judgment-s-23 Execution stage,s-38 Appellate and revision stage-s-44A

MEDIATION,S-22 The Court shall refer to The Lawyer appointed or To the parties where no lawyer appointed.

Appointment of mediator Pleaders consult with the clients for appointment of mediator. Following person Another pleader who is not engaged by the parties A retired judge A retired officer of the bank or financial institution any other person

Continue- Who is not eligible? Procedure and Fees of mediator-court shall not fix By mutual agreement of the parties Time 10 days

Refund of court fees Issue a certificate for return No appeal, revision

Vesting power of local level officer s-24 Financial institution delegate power for mediation by notification or order to central or regional or local competent officer Specify extent,limitation,principle and procedure Notification to the Artha Rin Adalat Before any order or decree passed by mediation it should be approved by the Managing Director.

Suits of higher claims,s25 More than 5 crores Communicate to the managing diector or the Chief Executive

2 nd time mediation,s-23 If first time mediation fails then court can take action for second time mediation

Execution stage,s38 The court shall mediate at the execution stage. Appellate and revisional stage mediation

ADR AND 200% INTEREST S-47 OF ARAA-2003 No suit for more than 200% interest

Shortcomings and recommendations

Distinction between CPC and Money Loan Court Act