ORIENTAL INSURANCE COMPANY LTD.THROUGH ITS DIVISIONAL MANAGER, RANCHI Vs. PRASD PLASTIC & POLYTHENE INDUSTRIES THROUGH ITS PARTNER, OM PRAKASH GUPTA, RANCHI

JUDGEMENT

(1.) In this writ petition, the petitioner has challenged the order/award dated 17.9.2010 passed by the Permanent Lok Adalat, Civil Court, Ranchi in P.L.A. Case No. 1369/2006. It has been stated that the impugned order has been passed by the Permanent Lok Adalat, though the consent to decide the contesting issues involved in the instant case was not given and the surveyor's report in its totality has not been considered. The said order of the Permanent Lok Adalat has been challenged mainly on the grounds that (i) there was no consent of the parties to decide any contesting issue, involved in the case, (ii) the surveyor's report has not been taken into consideration, and (iii) the Permanent Lok Adalat has no jurisdiction to decide any contesting issue between the parties after failure of conciliation. In the instant case, the Permanent Lok Adalat has gone beyond the terms of the settlement and has passed the impugned award fixing a liability for which the petitioner had never consented.

(2.) Learned counsel for the petitioner submitted that the petitioner and the respondent were present before the Permanent lok Adalat and on some points there was settlement between them, but the petitioner had not given consent to decide any contesting issue between the parties. In absence of clear consent for taking up and deciding any contesting issue, the impugned award/order passed by the Permanent Lok Adalat is wholly illegal and without jurisdiction.

(3.) The respondents have contested the writ petition. It has been, inter alia, stated that the Permanent Lok Adalat can decide a dispute, if the parties fail to arrive at settlement under the provisions of sub-section (8) of Section 22C of the Legal Services Authorities Act, 1987 [hereinafter referred to as 'the said Act'].