Back
K. VINOD CHANDRAN, PARTHA SARTHY
Praveen Anand – Appellant
Versus
Asst. General Manager, State Bank of India – Respondent
K. Vinod Chandran, CJ.—The writ petitioner is the appellant, who is aggrieved by the refusal of the learned Single Judge to interfere with the proceedings initiated by the Bank, against the order of the Lok Adalat before the Debts Recovery Tribunal (hereinafter referred to as ‘DRT’), passed under Section 19(25) of the Recovery of the Debts and Bankruptcy Act, 1993 (hereinafter referred to as ‘RDB Act’). The petitioner was also aggrieved with the recovery proceedings initiated against him de hors the settlement arrived at, in the Lok Adalat. The order of the Lok Adalat is produced as Annexure-7 in the writ petition and the order of the DRT interfering with the same is produced as Annexure-13.
2. The learned Single Judge found that initially a settlement of Rs.27 lakhs was arrived at and despite the petitioner having not complied with that, the DRT had in Miscellaneous Applications filed before it, granted further time to the petitioner; which was not permissible. The time granted by the DRT also was without noticing the recovery proceedings already initiated, based on the earlier orders of the DRT, which was passed, on the writ petitioner not complying with the earlier order of the L
A writ petition challenging a compromise decree entered before Lok Adalat by non-impleaded necessary parties is maintainable due to allegations of fraud and procedural irregularity.
Objection to execution of decree – Statutory finality attached to Lok Adalat award leaves no room for appellate or plenary civil remedy against the award treated as a decree – Award may be executed a....
The court established that a valid reference to Lok Adalat is mandatory for its jurisdiction, and failure to comply with this requirement invalidates any award made.
A Lok Adalat award can be challenged by filing a writ petition under Article 226/227 of the Constitution of India on limited grounds, and a civil suit is not maintainable to challenge a Lok Adalat aw....
Point of Law : Challenge to the award of Lok Adalat can be done only by filing a writ petition under Article 226 and/or Article 227 of the Constitution of India in the High Court and that too on very....
(1) Compromise of suit – To recall a compromise that has been recorded would call for strong reasons. Terms of a compromise decree cannot be avoided, unless allegation of fraud has been proved.(2) Wh....
The award of Lok Adalat is final and binding, challengeable only through writ petitions under Articles 226 and 227, not in Civil Court.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
