MOHD. AASHAM PASHA Vs. E. SRIHARI CHARY

JUDGEMENT

(1.) THE respondent herein filed an application on 19 -04 -2012 before the Mandal Legal Services Committee, Balanagar Mandal, Ranga Reddy District at Miyapur under Sec. 19 of the Legal Services Authorities Act, 1987 showing the petitioners herein as Opposite Parties, seeking to issue a notice to opposite parties for mediation, reconciliation and settlement of the matter. The main grievance in the application is that the opposite parties are the regular customers of the applicant as they have been purchasing raw material of fiber under credit bills and having running account with the applicant as he has been running the business under the name and style of M/s. Sri Laxmi Fiber Industries. The opposite parties are due of an amount of Rs.45,00,000/ -. Even though the opposite parties assured that they will clear total dues by 31 -03 -2012, they failed to keep up their promise. A statement of the credit account with the applicant dated 31 -03 -2012 verified and accepted by the opposite parties was filed. The said petition was registered as P.L.C.No.5 of 2012 by the Legal Services Authority. The Mandal Legal Services Authority, Kukatpally at Miyapur issued notices to the opposite parties asking them to appear before it on 29 -04 -2012 at 10.30 a.m. for reconciliation and the said notices were received on 28 -04 -2012. After receipt of notices in the said petition, the petitioners herein/opposite parties engaged an advocate. Both parties filed a petition on 29 -04 -2012 to advance the date of hearing from 15 -06 -2012 to 29 -04 -2012 along with the petition filed under Sec. 320 (8) of Crimial P.C. seeking permission to compromise the case. The parties also filed a petition to pass an award in terms of the compromise. Accordingly, an award was passed under Sec. 21 of the Legal Services Authorities Act, 1987 on 29 -04 -2012. The terms of the compromise read as follows:

(2.) THEREAFTER , the respondent herein filed an Execution Petition on 22 -07 -2013 for execution of the award before the Mandal Legal Services Authority. It was adjourned from time to time, from 30 -07 -2013 to 24 -05 -2014.

(3.) NOW the petitioners herein filed the present Civil Revision Petition on 26 -12 -2014 on several grounds touching the merits of the compromise including the pecuniary jurisdiction of the authority to decide the dispute under Sec. 22 of the Legal Services Authorities Act, 1987. Curiously, though ground No.4 is raised as "the learned judge should have seen under Sec. 22 (c) of the Legal Services Authorities Act, 1987, the pecuniary jurisdiction of the authority to decide dispute was limited to Rs.25/ - and hence deciding the dispute pertaining to the pecuniary jurisdiction over Rs.45/ - is totally void ab -initio since the LSA lacks pecuniary jurisdiction" the learned Counsel for the petitioners submits that the Mandal Legal Services Committee has no jurisdiction to decide the dispute, which is beyond Rs.25.00 lakhs.