Karnataka High Court
The Senior Branch Manager And Anr vs M/S Galaxy Agri-Tech And Anr on 5 August, 2024
Author: Suraj Govindaraj
Bench: Suraj Govindaraj
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NC: 2024:KHC-K:5667
WP No. 202936 of 2019
C/W WP No. 201480 of 2024
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 5TH DAY OF AUGUST, 2024
BEFORE
THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
WRIT PETITION NO. 202936 OF 2019 (GM-RES)
C/W
WRIT PETITION NO. 201480 OF 2024
IN W.P.NO.202936/2019
BETWEEN:
1. THE SENIOR BRANCH MANAGER,
NATIONAL INSURANCE COMPANY LIMITED,
1ST FLOOR, DR. JAWALI COMPLEX,
SUPER MARKET, KALABURAGI-585102.
2. THE DIVISIONAL MANAGER
NATIONAL INSURANCE COMPANY LIMITED,
1ST FLOOR, DR. JAWALI COMPLEX,
Digitally signed
by SUPER MARKET,
BASALINGAPPA
SHIVARAJ KALABURAGI-585102.
DHUTTARGAON
Location: HIGH
COURT OF ...PETITIONERS
KARNATAKA
(BY SMT. PREETI PATIL MELKUNDI, ADVOCATE)
AND:
1. M/S. GALAXY AGRI-TECH
THROUGH ITS PROPRIETOR, SMT. VARALAXMI
GUPTA, W/O M. LAXMINARAYANA GUPTA,
AGE: 64 YEARS, OCC: BUSINESS,
R/O SURVEY NO.43/2, NEAR MOTHER TERESA
HOSPITAL, KALABURAGI,
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NC: 2024:KHC-K:5667
WP No. 202936 of 2019
C/W WP No. 201480 of 2024
HUMNABAD HIGHWAY, UPLOAN VILLAGE,
KALABURAGI-585104.
2. THE CHAIRMAN
NATIONAL INSURANCE COMPANY LIMITED,
1ST FLOOR, DR. JAWALI COMPLEX,
SUPER MARKET,
KALABURAGI-585102.
...RESPONDENTS
(SMT. PATIL SHANTABAI SUBHASH, ADVOCATE FOR R1;
NOTICE TO R2 IS DISPENSED WITH VIDE ORDER DATED
05.08.2024)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA, PRAYING TO (I) ISSUE
A ORDER OR WRIT OR DIRECTION IN THE NATURE OF
CERTIORARI QUASHING ORDER DATED 24.09.2018 PASSED IN
PLAC NO.216/2015 BY THE CHAIRMAN AND OTHER MEMBERS
OF PERMANENT LOK ADALATH, KALABURGI, VIDE ANNEXURE-
A, ETC.,
IN W.P.NO.201480/2024
BETWEEN:
SMT. VARALAXMI GUPTA W/O. LAXMINARAYANA
GUPTA, AGE 64 YEARS, OCC: BUSINESS,
R/O. SY.NO.43/2, NEAR MOTHER TERESA HOSPITAL,
KALABURAGI, M/S. GALAXY AGRI-TECH,
...PETITIONER
(BY SMT. PATIL SHANTABAI SUBHAS, ADVOCATE)
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WP No. 202936 of 2019
C/W WP No. 201480 of 2024
AND:
1. THE CHAIRMAN
NATIONAL INSURANCE COMPANY LIMITED,
1ST FLOOR,
DR. JAWALI COMPLEX,
SUPER MARKET,
KALABURAGI-585102.
2. THE SENIOR BRANCH MANAGER, NATIONAL
INSURANCE COMPANY LIMITED,
1ST FLOOR, DR. JAWALI COMPLEX,
SUPER MARKET,
KALABURAGI-585102
3 THE DIVISIONAL MANAGER, NATIONAL INSURANCE
COMPANY LIMITED, 1ST FLOOR,
DR. JAWALI COMPLEX,
SUPER MARKET KALABURAGI - 585102
...RESPONDENTS
(SMT. PREETI PATIL, ADVOCATE FOR R1 TO R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA, PRAYING TO (I) ISSUE
A ORDER WRIT OR DIRECTION IN THE NATURE OF
CERTIORARI QUASHING ORDER DATED 24.09.2018 PASSED IN
PLAC NO.216/2015 BY THE CHAIRMAN AND OTHER MEMBERS
OF PERMANENT LOK ADALATH, KALABURAGI, VIDE ANNEXURE-
A, ETC.,
THESE PETITIONS, COMING ON FOR PRELIMINARY
HEARING IN B GROUP, THIS DAY, ORDER WAS MADE THEREIN
AS UNDER:
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WP No. 202936 of 2019
C/W WP No. 201480 of 2024
CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
ORAL ORDER
(PER: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ)
1. The petitioners in WP NO.202936/2019 are before this
Court seeking for the following relief:
(a) Issue a order or writ or direction in
the nature of certiorari quashing order dated
24.09.2018 passed in PLAC No.216/2015 by the
chairman and other members of permanent lok
adalath, kalaburgi, vide annexure-a, etc.,
(b) Call for records pertaining to PLAC
No.216/2015 on the file of the Permanent Lok
Adalat, Kalaburgi.
(c) Any other relief to which the
petitioners are entitled may kindly be granted,
in the interest of justice and equity.
2. The petitioner in WP NO.201480/2024 is before this Court
seeking for the following relief:
(a) Issue a order writ or direction in
the nature of certiorari quashing order dated
24.09.2018 passed in PLAC No.216/2015 by the
chairman and other members of permanent lok
adalath, kalaburagi, vide annexure-a, etc.,
(b) Call for records pertaining to PLAC
No.216/2015 on the file of the Permanent Lok
Adalat, Kalaburgi.
(c) Any other relief to which the
petitioners are entitled may kindly be granted,
in the interest of justice and equity.
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3. Counsel for the petitioner in W.P.No.202936/2019 has
filed a memo dated 05.08.2024 stating that, she would
not press the matter against respondent No.2. Accepting
the said submission, petition is dismissed as against
respondent No.2.
4. Learned counsel for the petitioners in both the matters
are before this Court. Both counsels submit that, the
procedure prescribed under Section 22C and 22D of the
Legal Services Authorities Act, 1987 (for short 'the Act')
have not been complied with.
5. Learned counsel for the petitioner in
W.P.No.202936/2019 submits that, without an adequate
opportunity having been provided under Section 22C of
the Act for pre-litigation conciliation the Permanent Lok
Adalath could not have proceeded to pass the order and
in this regard she relies upon the decision of this Court
dated 14.02.2019 in W.P.No.29708/2013 (GM-RES) [M/s.
MAC Charles (I) Ltd., and M/s. Bharat Sanchar Nigam
Ltd.,].
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6. W.P.No.201480/2024 has been filed by the claimant
contending that, the compensation awarded is not in
accordance with law and it is inadequate.
7. Considering that, there is no compliance with the
provisions of Sections 22C and 22D of the Act, the matter
would have to be remitted back to the Permanent Lok
Adalath for due compliance as observed by this Court in
its Judgment i.e. M/s. MAC Charles (I) Ltd., (supra).
Since such remittal is to be made, the aspect of
adequate or otherwise compensation would have to be
considered by the Permanent Lok Adalath after
compliance of the provisions of Section 22C and 22D of
the Act. As such I pass the following:
ORDER
(i) W.P.No.202936/2019 is allowed.
(ii) A certiorari is issued the order dated
24.09.2018 passed in PLAC No.216/2015 at
Annexure-A is hereby quashed;
(iii) The matter is remitted to the Permanent Lok
Adalath, Kalburgi for fresh consideration of
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PLAC No.216/2015 after compliance of the
provisions of Section 22C and 22D of the Act;
(iv) W.P.No.201480/2024 stands disposed of, in
view of the order passed in
W.P.No.202936/2019;
(v) The amount in deposit is directed to be
transferred to the Permanent Lok Adalath.
Sd/-
(SURAJ GOVINDARAJ)
JUDGE
SVH
