WPMS/1275/2021
2021 Latest Caselaw 2362 UK

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                                     WPMS No.1275 of 2021
                                     Hon'ble Sharad Kumar Sharma, J.

(Via video conferencing).

Mr. Prabhat Pande, Advocate, for the petitioner.

The petitioner, who is an Insurance Company, has put a challenge to the impugned award, which has been passed by the "Permanent Lok Adalat" on 05.03.2020, whereby while exercising its power under Section 22C of the Legal Services Authority Act (in short "Act"), it records the findings that the parties have failed to enter into a settlement, and had proceeded to decide the matter, as if it was deciding the lis itself on its own merit while exercising its power under sub-section (8) of Section 22C of the Act.

Learned counsel for the petitioner has raised a question before this Court, that whether under the provisions of Section 22C of the Act, where a "Permanent Lok Adalat" has been conferred with the powers to adjudicate a dispute on the basis of the settlement, if the settlement is not being able to be arrived at between the parties, and whether the "Permanent Lok Adalat" under the garb of sub- section (8) of Section 22C of the Act, can decide a case on its own merit? What the petitioners contends is that in case if the implications of sub-section (8) of Section 22C of the Act, is taken into consideration, and the "Permanent Lok Adalat", exercises its power to decide the matter on its own merit, then in all probabilities it affects the appellate right of a person, who is aggrieved by the judgment of the "Permanent Lok Adalat".

Admit the writ petition.

Issue notices to the respondents. The steps will be taken by the petitioner within a period of ten days from today.

Till the next date of listing, the effect and operation of the impugned order shall remain stayed, subject to the condition that the petitioner deposits fifty percent of the awarded amount, before the Registry of this Court, within a period of six weeks from today.

(Sharad Kumar Sharma, J.) 12.07.2021

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