Andhra Pradesh High Court - Amravati
M/S. Triplaar School Of Learning vs M/S. Kalyani Ads on 12 November, 2024
Author: R. Raghunandan Rao
Bench: R Raghunandan Rao
APHC010474962023
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3508]
(Special Original Jurisdiction)
TUESDAY, THE TWELFTH DAY OF NOVEMBER
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO
THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM
WRIT PETITION NO: 24556/2023
Between:
M/s. Triplaar School Of Learning and Others ...PETITIONER(S)
AND
M/s Kalyani Ads and Others ...RESPONDENT(S)
Counsel for the Petitioner(S):
1. KINTALI DHARMA RAO
Counsel for the Respondent(S):
1. S. LAKSHMINARAYANA REDDY (SC FOR APSLSA)
2. RAMA CHANDRA RAO GURRAM
The Court made the following Order: (per Hon'ble Sri Justice R. Raghunandan Rao)
The respondents 1 & 2 herein had sought recovery of certain
sums of money from the petitioners herein, on the ground that they had
carried out advertisements on behalf of the 1st petitioner and had not been
paid the charges for such advertisements.
2. The matter was referred to the Lok-Adalat at District Level,
Guntur as a Pre-Litigation Case. The reference was numbered as
P.L.C.No.153 of 2010. In the said P.L.C, the petitioners as well as the
respondents 1 & 2 have filed terms of compromise, on 02.09.2010. The Lok-
Adalat at District Level, Guntur, had recorded the same and had issued an
Award dated 02.09.2010.
2
3. Thereafter, the respondents 1 & 2 are said to have filed
E.P.No.393 of 2017 before the learned II Additional District Judge, Guntur.
4. During the pendency of the said Execution Petition, the
petitioners have moved the present Writ Petition challenging the Award dated
02.09.2010 passed in P.L.C.No.153 of 2010 on the Lok-Adalat at District Level
Guntur.
5. Sri V. Venugopal Rao, learned Senior Counsel appearing on
behalf of Sri Kintali Dharama Rao, learned counsel for the petitioners would
submit that Section-20 of the Legal Service Authority Act, 1987 read with the
Regulations of the National Legal Services Authority (Lok-Adalats)
Regulations, 2009 requires certain formalities to be complied with. He would
submit that non-compliance of these mandatory regulations would render the
award void and non-est.
6. The Learned Senior Counsel would draw the attention of this
Court to the Regulation No.17 and the Judgment of a Division Bench of this
Court in the case of Yalamarthi Narasimha Rao Vs. District Legal Services
Authority (Lok-Adalath) at Vijayawada, Krishna District & Ors1. On the basis of
the aforesaid Regulation and the Judgment, the Learned Senior Counsel
would argue that every Award of the Lok-Adalat requires the signature or
affixed thumb impression by the parties to the Award as well as the
countersignatures of the Members of the Lok-Adalat, any failure with this
requirements would rendered the Award as void and non-est.
1
2022 (1) ALD 547 (AP) (DB)
3
7. Learned Senior Counsel relying upon the certified copies of the
Award dated 02.09.2010 would contend that the said Order does not appear
to contain of signatures of the parties or the Members of the Lok-Adalat.
8. Sri Ramachandra Rao Gurram, learned counsel for the
respondents 1 & 2 would contend that the actual Award in question, the terms
of compromise and the consequent Award passed on the said terms of
compromise, contained at Pages 22 to 25 would show that the both terms of
compromise as well as the award has been signed by the parties and
countersigned by the Presiding Officer of the Lok-Adalat.
9. A perusal of these pages would show that the signatures of the
parties as well as the Members of the Lok-Adalat are available both terms of
compromise as well as the Award.
10. In the circumstances, this Court must hold that the Judgment
cited by the Learned Senior Counsel and as well as Regulation No.17 of the
Andhra Pradesh State Legal Services Authority, 1996 would not have any
application.
11. Accordingly, this Writ Petition is dismissed. There shall be no
order as to costs.
As a sequel, pending miscellaneous petitions, if any, shall stand closed.
________________________
R. RAGHUNANDAN RAO, J.
______________________________
MAHESWARA RAO KUNCHEAM, J
BSM
HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO
AND
THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM
W.P. No.24556 OF 2023
(per Hon'ble Sri Justice R. Raghunandan Rao)
Date: 12.11.2024
BSM
