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Vardhan   20 April 2022

Lok adalat

Dear lawyers,

First of all I would like to thank you everyone for supporting those who needs legal guidance.

My question is regarding Telangana Lok adalat.

High court referred our case to Lok adalat, as we filed a compromise petition. Last month we got a date to present before Lok adalat, we all there but our advocate did not show up and compromise did not happen, now we fulfilled our advocate's demands and he agreed to come this time, now he is keep on saying he filed for a new date and will let us know once the date comes. Can someone please tell me do we have to request a date for compromise in lok adalat? Or we can go any day we want? If not how would i know when would the be next summons in lok adalat? 
 

I doubt the other party and our attorney compromised and dodging the time making us fools. Please help me this is not getting resolved from past 15 years, they are cashing our ignorance.

 

Thank you

Vardhan



Learning

 6 Replies

G.L.N. Prasad (Retired employee.)     20 April 2022

You need not seek guidance on this issue from members of the forum.  Lok Adalat is open to all.  Personally meet the concerned President/Secretary and get clarification on all your doubts, still if you have any about the slow pace in proceedings.  I have seen cases settled within a day from the date of such reference, and the copy of the award was also sent to Registrar office on the same day. The truth known to many is every advocate now focuses only on compromise alone at the earliest and the fees are based on a percentage of the property value involved.

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     20 April 2022

First an application must be filed by one of both parties to a dispute requesting the court to refer the matter to a Lok Adalat and after its admissions, the matter is heard by the presiding officer at the Lok Adalat. Once the parties are heard, the presiding officer attempts to nudge the parties to compromise and reach a settlement as expeditiously as possible, because a speedy resolution is mandated by the Legal Services Authority Act, 1987. If the parties are able to reach an agreement, the terms of the settlement are produced before the court and after the court is satisfied, an award is passed, and it becomes binding on the parties and enforceable by the court[3]. No appeal lies from a settlement reached as a result of the Lok Adalat process. If the parties are, however, unable to come to a compromise and further determination is necessary the matter is referred to the court for adjudication.

G.L.N. Prasad (Retired employee.)     20 April 2022

In General, the practice being followed by the parties is  Both the parties arrive at a settlement through their advocates, prepare the settlement ready at the time of original suit adjournment, with such application for referring to LA, and it is just a formality as everything moves at a racket speed thereafter.  They inform LA in advance orally that they will bring court orders on adjournment day, and get the file referred to LA after such orders on the same day, the next day is just a formality to get award status for the settlement done.

Vardhan   20 April 2022

High court already referred to LA, our advocate requested new date in LA, already 1 month passed from the first date, we still did not get a new date? I thought we can go to LA any day but why do we request a date. All the agreements are signed from both the parties. 

Dr J C Vashista (Advocate)     21 April 2022

Yes, if both parties to the case agree it can be referred (again) to Lok Adalat.

What do you mean by the term 'IA" referred by you in the facts posted by you stating inter alia,

"High court already referred to LA, our advocate requested new date in LA, already 1 month passed from the first date, we still did not get a new date? I thought we can go to LA any day but why do we request a date. All the agreements are signed from both the parties." 
 

Vardhan   21 April 2022

LA is Lok Adalat


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