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PUSHPENDRA SINGH BHATI
Mahadev Travels – Appellant
Versus
Jodhpur City Transport Service Ltd. – Respondent
ORDER
1. The petitioner has preferred this writ petition claiming the following reliefs:
2. The application under Section 8 of the Arbitration and Conciliation Act filed by the respondent no. 3 may kindly be rejected.
3. The claim petition filed by the petitioner may kindly be allowed in toto with costs."
4. In the alternate, the matter may kindly be remanded back to the learned Permanent Lok Adalat, Jodhpur, directing it to decide the matter on merit expeditiously preferably within six months."
2. Brief facts of the case as noticed by this Court are, that a claim petition was preferred by the petitioner under Section 22B under the Public Utility Service of Legal Services Authorities Act, 1987 (hereinafter 'the Act of 1987') before the respondent No.4 to release its pending claim amount of Rs.67,79,355/- along with the interest and compensation.
Section 22B of the Act of 1987 reads as follows: -
(1) Notwithstanding anything contained in section 19, the Central Authority or, as the case may be, every State Authority shall, be notification, establish P
The court established that the definition of public utility service does not encompass contractual transport services provided to the State, thus not qualifying for adjudication under the Act of 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....
The Permanent Lok Adalat can decide a dispute only after following the procedure outlined in Section 22C of the Legal Services Authorities Act, 1987.
Permanent Lok Adalat cannot grant decrees for adoption, as its jurisdiction is limited to public utility services only.
Permanent Lok Adalat has jurisdiction to adjudicate compensation claims under the Motor Vehicles Act after conciliation efforts fail, affirming its authority and established processes.
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....
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....
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