C.W.P. No. 9949 of 2010

1

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH

C.W.P. No. 9949 of 2010

Date of Decision : 13.01.2012

Dakshin Haryana Bijli Vitran Nigam Ltd.

........Petitioner

Versus

Permanent Lok Adalat (Public Utility Services),

Gurgaon and another

........Respondents

******

CORAM: HON'BLE MR. JUSTICE ALOK SINGH

-.-

1. Whether Reporters of local newspapers may be allowed to see judgment?

2. To be referred to the Reporters or not ?

3. Whether the judgment should be reported in the Digest?

Present: Mr. Vikas Suri, Advocate,

for the petitioner.

Mr. Baldev Singh Dhillon, Advocate,

for respondent No.2.

***

Alok Singh, J. (Oral)

Permanent Lok Adalat (Public Utility Services), Gurgaon, vide award

dated 06.10.2009 has decided the dispute between the parties on merit by

invoking sub-section (8) of Section 22C of the Legal Services Authorities Act,

1987 (in short 'the Act') without following the procedure provided under

sub-sections (4),(5),(6) of Section 22C the Act. This Court in the case of Reliance

General Insurance Company Limited Vs. Vijay Kumar & another in CWP

No.20825 of 2010 vide judgment dated 04.01.2012 has held that Permanent Lok

Adalat has absolutely no jurisdiction to invoke sub-section (8) of Section 22C of

the Act without following the procedure provided under sub-sections (4),(5),(6) of

Section 22C of the Act.

C.W.P. No. 9949 of 2010

2

Impugned order cannot be sustained in the eyes of law in view of

judgment of this Court dated 04.01.2012 in the case of Reliance General

Insurance Company Limited (supra), therefore, present petition is allowed.

Impugned order is set aside, however, claimant shall be at liberty to approach

appropriate forum for redressal of her grievance.

( Alok Singh )

Judge

January 13, 2012

Anand