No turn up of respodent for lok adalat


Dear Sir

Your Expert View is required

Matter is we are having a Decree against Respodent having his plant in Hosur

The case is transferred at Hosur District as his factory is at Hosur

I stay in Mumbai

The respodent calls for Alternate Settlement thr Lok Adalat however the respondent himself does not turn up nor his lawyer whereas i am present at Hosur Dist Court

Now he is calling for the 2 nd time at Lok Adalat for settlement 

Since first time he had not turned up inspite of his calling i am apprehensive that respodent will repeat the same action.

If the same is repeated can court take any action under contempt of order.?

Since the decree is for non payment of our dues and the matter is not getting settled in lokadalat what step i must take to have my money back.?

Can i inform bank where respodent is having account so as to lower his Credit rating?

Can i file a parallel case with NCLT?

If he is not giving money can i became a share holder or director in his company to the extend of the dues due to me?

Is there any agency where we can transfer the legal rights for some consideration?

I am registered under SSI and this decree was awarded under delayed payment act by MSME court of Dist Thane

AS Govt came up with any drastic plan for early settlement of long pending cases?

I will be grateful for the early reply.

Regards

Sanjay A

 

 
Reply   
 

If rhe respondent does not turn up despite repeated summons, an ex parte final non-appealable decree may be passed against him for non-appearamce

Regards non payment of your dues, you may file a recovery suit against respondent in civil court. NCLT comes only into pic where Respondent is insolvent/bankrupt.
 
Reply   
 


Advocate

No contempt lies for non-appearnce in the Adalat; the file would be returned to the court of execution . Your advocate can press for epediting the execution process.

 
Reply   
 
FIN

How were you called for alternate settlement?

Verbally?

Has the Bank  a/c been attached? If NO you are stranger to the bank.

 

Ask your Lawyer that has done the needful to get you decree to help you further looking into the conduct of respondent.

Apparently the OP and IT's lawyer is tiring you.

 

 
Reply   
 

Dear Mr Sanjay,

I fail to understand how come your case has been referred to lok adalat. If I am not wrong you have a arbitration award in you favour and in that case your matter shouldnt have been refrred to lok adalat. 

Saurendra Rautray

Advocate

Rautray & Co

New Delhi.

9437008255

 
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