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Procedure to be followed for challenging award of lokadalat

Procedure to be followed for challenging award of Lokadalat

It is well settled in the judgment reported in 2017 (5) CTC 775 (Bharvagi Constructions v. Kothakapu Muthyam Reddy), award of the Lok Adalat can be challenged only by initiating proceedings under Article 226 or 227 of the Constitution of India and award can be challenged only on limited grounds. This issue was considered by me vide order dated 30.10.2017 in C.R.P(NPD) No. 4078 of 2013 and award of the Lok Adalat was set aside. The reasoning in the said order and the judgment referred to above are squarely applicable to the facts and circumstances of the present case. In view of the well settled judgment, the Tribunal has committed an error and irregularity in allowing the petition filed by the first respondent. Hence, the order dated 28.10.2010 made in M.P No. 1972 of 2010 in M.C.O.P No. 1239 of 2001 is liable to be set aside and it is hereby set aside.

In the High Court of Madras

(Before V.M Velumani, J.)

N. Prabhuraj

1. Josephine

2. National Insurance Company

C.R.P (PD) No. 4275 of 2010

M.P No. 1 of 2010

Decided on December 6, 2017

Citation:2017 SCC OnLine Mad 12290

https://www.lawweb.in/2018/01/procedure-to-be-followed-for.html