WPMS/2293/2023
2023 Latest Caselaw 2253 UK

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                                  WPMS No. 2293 of 2023
                                  Hon'ble Sharad Kumar Sharma, J.

Mr. Akshay Latwal, Advocate, for the petitioner.

Mr. Yogesh Chandra Tiwari, Standing Counsel, for the State of Uttarakhand.

In the present Writ Petition, the petitioner has given a challenge to the judgment and award dated 16th April, 2022, as it has been rendered by the Permanent Lok Adalat, in Case No. 110 of 2019, Rahul Kumar Vs. Employees State Insurance Corporation (ESIC), Rudrapur, Udham Singh Nagar and another. As a consequence of the judgment of the Permanent Lok Adalat, which was partly allowed, and as a consequence thereto, the opposite party to the proceedings were directed to pay a sum of Rs.5 lacs to the applicant to the proceedings along with 9% interest, by way of compensation.

The said order has been put to challenge because of the fact, that in pursuance to the order of the Permanent Lok Adalat, the recovery citation has already been issued against the petitioner.

Learned counsel for the petitioner submits, that since the decision taken by the Permanent Lok Adalat on 16th April, 2022, and the knowledge of the same could be brought to him only when the recovery citation was issued, he has preferred this Writ Petition.

In order to enable the petitioner to contest the Case No. 110 of 2019 on merits, the petitioner opts, that he may be permitted to file an appropriate recall application seeking recall of the ex parte order.

If he does so within a period of three weeks from today, his recall application would be considered on merits by the Permanent Lok Adalat, and for a period of three weeks, the recovery citation, as it has been issued against the petitioner for recovering the amount as awarded by the judgment and decree of the Permanent Lok Adalat dated 16th April, 2022, would be kept in abeyance till the petitioner files his recall application and the order is passed on the same.

Subject to the aforesaid, the Writ Petition stands disposed of.

(Sharad Kumar Sharma, J.) Dated 16.08.2023 Shiv