WHAT CASES CAN BE SETTLED IN LOK ADALAT.
In Afcons Infrastructure Ltd. vs. Cherian Varkey Construction Co. (P) LTD case, The sum and substance of what the court discussed elaborately is stated in paragraph 45 thus:
“…Know the dispute; exclude unfit cases; ascertain consent for arbitration or
conciliation; if there is no consent, select Lok Adalat for simple cases and mediation for all other cases, reserving reference to Judge–assisted settlement only in exceptional or special cases.”
“…Know the dispute; exclude unfit cases; ascertain consent for arbitration or
conciliation; if there is no consent, select Lok Adalat for simple cases and mediation for all other cases, reserving reference to Judge–assisted settlement only in exceptional or special cases.”
Then, the Supreme Court went on categorizing the cases, considered suitable or not suitable for ADR process. It was observed that the following categories of cases are normally considered to be not suitable for ADR process having regard to their nature:
“(i) Representative suits under Order 1 Rule 8 CPC which involve public interest or
interest of numerous persons who are not parties before the court. (In fact, even a
compromise in such a suit is a difficult process requiring notice to the persons
“(i) Representative suits under Order 1 Rule 8 CPC which involve public interest or
interest of numerous persons who are not parties before the court. (In fact, even a
compromise in such a suit is a difficult process requiring notice to the persons
https://www.lawweb.in/2013/10/what-cases-can-be-settled-in-lok-adalat.html