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IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.M.MANOJ
Panjos Builders Private Limited – Appellant
Versus
Panjos Garden Apartment Owners Association – Respondent
| Table of Content |
|---|
| 1. writ challenges pla award for exceeding statutory jurisdiction. (Para 1 , 2) |
| 2. pla jurisdiction barred by prior civil court proceedings. (Para 3 , 4 , 10) |
| 3. pla limited to public utility services as statutorily defined. (Para 5 , 9) |
| 4. conciliation mandatory before pla adjudication per section 22c. (Para 6 , 11) |
| 5. pla must follow procedure despite party delay or absence. (Para 7 , 8 , 12) |
JUDGMENT :
P.M. Manoj, J.
The writ petition is filed challenging Ext.P10 order passed by the Permanent Lok Adalat on the ground that the award was rendered beyond the jurisdiction conferred under Sections 22B and 22C of the Legal Services Authorities Act, 1987 (for short ‘the Act’).
2. The case of the petitioner is that it is a promoter company engaged in the business of infrastructure development and allied activities. Disputes arose between the petitioner company and the first respondent Association, pursuant to which the first respondent approached the Permanent Lok Adalat by filing Ext.P1 original petition. The petitioner filed Ext.P2 written statement, wherein it was contended that Section 22C of the Act delineates the jurisdiction of the Permanent Lok Adalat to take cognizance
Permanent Lok Adalat jurisdiction limited to pre-litigation public utility service disputes; mandatory conciliation required before merits adjudication, irrespective of party non-appearance.
Lok Adalat cannot perform any adjudicatory function in terms of Section 20 of LSA Act – Permanent Lok Adalat would proceed to adjudication of a dispute on its merits only after attempting and failing....
The Permanent Lok Adalat can decide a dispute only after following the procedure outlined in Section 22C of the Legal Services Authorities Act, 1987.
The Permanent Lok Adalat lacks jurisdiction over disputes not directly related to public utility services, and procedural fairness, including the right to cross-examine, is essential for valid adjudi....
Permanent Lok Adalat cannot grant decrees for adoption, as its jurisdiction is limited to public utility services only.
The main legal point established in the judgment is that the conciliation proceedings under Section 22(C) of the Legal Services Authorities Act, 1987, are mandatory in nature and must be conducted be....
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