Vinay Agrawal And Ors vs Vikas Agrawal And Ors

Ajay Kumar Tripathi, CJ

Heard parties in person.

Appeal has been preferred against the order of the learned Single Judge dated 30.10.2018 by the Appellants against the decision to set aside the

compromise award dated 10.06.2017 passed by the Lok Adalat in pre-litigation Case No. 15 of 2017. The matter was set aside and remitted back to

the Court below for fresh decision.

The learned Single Judge took note of the fact that without any reference under Section 22 of the Legal Services Authority Act, 1987 (for short,

Act of 1987""), the suit in question was taken up by the Lok Adalat and without proper hearing and opportunity, on a contrived kind of so-called

compromise the decree or the order in question was passed.

Lok Adalats are not supposed to be forum where fraud is allowed to be played by one party against the other. The forum's sanctity should not be

sullied by such action by any of the party. The learned Single Judge, therefore, in the interest of justice rightly interfered with the award and remitted

the matter back to the Court for adjudication.

The opportunity given to the parties to settle the matter, may be through compromise, is still open to them, despite the order of remand passed by

the learned Single Judge but as per the process and procedure envisaged under Act of 1987.

Appeal stands disposed off in terms of the above without interfering with the order of the learned Single Judge.