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IN THE HIGH COURT OF DELHI AT NEW DELHI
Mini Pushkarna, J.
North Delhi Power Ltd. – Appellant
Versus
Kansal Brothers – Respondent
RFA 433 of 2010 & CM APPL. 24005 of 2023
Decided On : 10-05-2023
Withdrawal - Settlement in Lok Adalat - The court allowed the appellant to withdraw the appeal based on the settlement reached before the Special Lok Adalat.
Fact of the Case:
The appellant, Tata Power Delhi Distribution Limited, sought to withdraw the appeal as the parties had resolved the dispute before the Special Lok Adalat, resulting in a settlement award.
Finding of the Court:
The court allowed the appellant to withdraw the appeal in light of the settlement reached before the Special Lok Adalat.
Issues: Withdrawal of appeal based on settlement before Lok Adalat.
Ratio Decidendi: The court's decision was influenced by the settlement reached before the Special Lok Adalat, allowing the appellant to withdraw the appeal.
Final Decision: The appeal was dismissed as withdrawn due to the settlement of the matter before the Special Lok Adalat.
ORDER
[Physical Hearing/Hybrid Hearing]
Mini Pushkarna, J. (Oral):
CM APPL. 24005/2023 (Application under Section 151 CPC on behalf of Tata Power Delhi Distribution Limited, (erstwhile North Delhi Power Limited) for withdrawal of the present appeal)
1. The present is an application on behalf of the appellant Tata Power Delhi Distribution Limited, erstwhile North Delhi Power Limited for withdrawal of the present appeal.
2. By way of the present application, it is submitted that during the pendency of the present appeal, parties have resolved the dispute before the Special Lok Adalat. Thus, it is submitted that an award of settlement dated 19.02.2023 has been passed by the Special Lok Adalat.
3. Both the parties have agreed for a settlement of Rs. 9,49,074/- against the amount of Rs. 15,81,819/-. It is submitted that the said amount of Rs. 9,49,074/- has already been received by the appellant. Thus, it is submitted that the matter stands resolved in terms of the award of settlement before the Special Lok Adalat.
4. In view of the submissions made herein, the present application is allowed and the appellant is allowed to withdraw the present appeal.
5. Application is allowed accordingly.
RFA 433/2010
6. The present appeal is dismissed as withdrawn in view of the settlement of the matter before the Special Lok Adalat.
Withdrawal of appeal based on settlement reached in Lok Adalat.
Finality of orders and implementation of Settlement Agreements
The finality and enforceability of a Lok Adalat award as per the Legal Services Authorities Act, 1987, and the requirement of extraordinary circumstances to set aside such an award.
Settlements reached through Lok Adalat are recognized and enforced by the court, promoting alternative dispute resolution.
Section 22(C) determine jurisdiction of Permanent Lok Adalat and it adumbrate that the Permanent Lok Adalat shall exercise jurisdiction in respect of any matter relating to an offence, which is compo....
The court can allow withdrawal of a petition based on a mediation settlement under Order XXIII Rule 1 read with Section 151 of CPC, 1908.
The main legal point established in the judgment is that the Lok Adalat has no jurisdiction to adjudicate the matter on merits if no compromise or settlement is arrived at between the parties.
The Permanent Lok Adalat can decide a dispute only after following the procedure outlined in Section 22C of the Legal Services Authorities Act, 1987.
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