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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
MOUSHUMI BHATTACHARYA, GADI PRAVEEN KUMAR
Venu Sat Yalamanchili – Appellant
Versus
State of Telangana – Respondent
ORDER:
Gadi Praveen Kumar, J.
1. Heard Sri G.V.R.Chowdary, learned counsel representing Sri G.Vasantha Rayudu, learned counsel appearing for the petitioner, Sri Mahesh Raje, learned Government Pleader for Home appearing for the respondent No.1, Sri P.Shashi Kiran, the learned Standing Counsel appearing for the respondent No.2, Sri V.Ramesh, learned counsel appearing for the respondent Nos.5 to 10 (Online), and Sri Satyasiri, learned counsel appearing for the respondent Nos.11 & 12.
2. The present Writ Petition is filed assailing the action of the 2nd respondent in passing an award dated 08.09.2023 allowing the petitions filed by the respondent Nos.5 to 10 and closing CC.No.492 of 2023 on the file of learned II Additional Junior Civil Judge-cum-X Additional Metropolitan Magistrate, Ranga Reddy District at Kukatpally, as illegal, unauthorized and to set aside the same and a consequential direction for the respondent Nos.3 & 4 to conduct the prosecution in CC.No.492 of 2023.
3. The brief facts of the case are that the petitioner and the respondent No.11 were the partners in M/s.Matrix Homes and Infratech Ventures LLP (for short ‘the LLP’). The LLP has initially entered into a Memorandum o
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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....
Challenges to compromise decrees based on fraud must be made in the court that issued the decree, and such allegations require substantial proof.
Lok Adalat compromise decrees, though final under Section 21, can be set aside in writ jurisdiction if vitiated by fraud like non-service of summons and misrepresentation to illiterate disabled party....
Awards passed by Lok Adalat can be challenged in writ jurisdiction where fraud is alleged, despite limitations on appeals.
(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 Lok-Adalat can settle disputes not included in pending suits, and non-registration of an award does not invalidate it.
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