Lok Adalat; K.S. Sunil Vs. Sherly [Kerala High Court, 18-08-2016]

Legal Services Authorities Act, 1987 – S. 20 (4) – Lok Adalat –  The Adalat cannot enter a finding – It can only record the compromise or settlement between the parties. Adalat cannot forgo the principles of fair play in helping the parties arrive at a compromise or settlement. The principle that it is not sufficient that justice is done but it should appear to have been done applies to the proceedings in the Lok Adalat also.

Legal Services Authorities Act, 1987 – S. 22 E (1), (2) & (4) – the award passed by a Lok Adalat is final – When the award cannot be challenged in a suit or execution proceedings or even in appeal the Lok Adalat should make sure that its proceedings are transparent and not vitiated by procedural illegalities or irregularities. Its proceedings should inspire confidence in the public, failing which the very existence of the institution will be at peril. To ensure its credibility, Lok Adalat shall comply with the procedure prescribed by the statues scrupulously.

2016 (4) KLT 988 : 2016 (3) KLJ 628 : ILR 2016 (3) Ker. 915 : 2016 (4) KHC 397

IN THE HIGH COURT OF KERALA AT ERNAKULAM

K. ABRAHAM MATHEW J.

O.P.(C)No.2696 of 2015

Dated this the 18 th day of August, 2016

AGAINST THE ORDER/JUDGMENT IN OS 2291/2014 of MUNSIFF COURT, KODUNGALLUR

PETITIONER/PETITIONER

K.S. SUNIL

BY ADVS.SRI.BABU KARUKAPADATH SMT.M.A.VAHEEDA BABU SRI.P.U.VINOD KUMAR SRI.KANDAMPULLY RAHUL SRI.MITHUN BABY JOHN SRI.J.RAMKUMAR

RESPONDENTS/RESPONDENTS

SHERLY AND ANOTHER

R1,R2 BY ADV. SRI.K.B.PRADEEP R1,R2 BY ADV. SRI.MILESH.V.PAVIYALA

JUDGMENT

Validity of three awards passed by Lok Adalat under Section 21 of the Legal Services Authorities Act 1987 on a reference made to it in three suits is under challenge.