PANJOS BUILDERS Vs. PANJOS GARDEN APARTMENT OWNERS ASSOCIATION

JUDGEMENT

(1.) The writ petition is filed challenging Ext.P10 order passed by the Permanent Lok Adalat on the ground that the award was rendered beyond the jurisdiction conferred under Ss. 22B and 22C of the Legal Services Authorities Act, 1987 (for short 'the Act').

(2.) The case of the petitioner is that it is a promoter company engaged in the business of infrastructure development and allied activities. Disputes arose between the petitioner company and the first respondent Association, pursuant to which the first respondent approached the Permanent Lok Adalat by filing Ext.P1 original petition. The petitioner filed Ext.P2 written statement, wherein it was contended that Sec. 22C of the Act delineates the jurisdiction of the Permanent Lok Adalat to take cognizance of cases filed before it. It is submitted that as per Sec. 22C, a party may make an application to the Permanent Lok Adalat for settlement of a dispute only before the dispute is brought before a court. In the present case, it is further contended that there are pending and past litigation's concerning the subject matter of the complaint now pending before the Permanent Lok Adalat, and that the complainant has suppressed material facts while preferring the said complaint.

(3.) It is further contended by the petitioner that, as stated in the written statement, the petitioner had already approached the Munsiff Court, Ernakulam by filing O.S.No.604/2007 prior to the initiation of O.P.No.270/2017. Hence, the matter had already been seized of by the Civil Court and, therefore, the Permanent Lok Adalat was barred from considering the disputes raised in the original petition.