Judgement of lokadalat
Bhumik Dave
(Querist) 07 August 2009
This query is : Resolved
If any case of recovery amount decided in lokadalat and as per order amount be paid by installment then after the deffendant paid only 2 or 3 installments out of 10. What we do for further recovery?
Y V Vishweshwar Rao
(Expert) 07 August 2009
Loka Adlatha diced the case - Awara is passed -Award is Decree - The decree can be executed as Civil Suit Decree - you can file EP for Recovery of the balance decreed amount
G. ARAVINTHAN
(Expert) 07 August 2009
Filing execution proceedings before the Executing Court for recovery of the sum will be the right one. Since they have no way to prefer appeal in the case settled in Lok Adalat, they need to Contest and forced to pay the amount due
Manish Raghav
(Expert) 07 August 2009
you can file contempt proceeding and the execution proceeding for the same.
mahendra rai jain
(Expert) 07 August 2009
Hello dear,
If the abovementioned award has been passed with the consent of the both of the parties than you should go for execution procedure, otherwise as paer the view of Supreme Court Lok Adalats cannot act as civil courts as they do not have any power to pass an award or orders without the consent of the parties to the dispute and are meant only for conciliation.
naman k jain
(Expert) 07 August 2009
i think sarvesh is right.
Jithendra.H.J
(Expert) 07 August 2009
i agree with Y V Vishweshwar Rao, and rightly said by Mahendra Jain(MJ!)
adv. rajeev ( rajoo )
(Expert) 07 August 2009
You will have to file the execution petition to recover the decreetal amount.
Bhumik Dave
(Querist) 07 August 2009
But what amount total or minus paid instal.
Jithendra.H.J
(Expert) 08 August 2009
paid amount has be deucted while calculating the amount due, but if you make any wrong calcuation it is O.K,
when the court asks or the JDR says that the calcualation made is not correct, you can file memo of calculation.
GO AHEAD, FILE THE ExECUTION PETITION, ALL THE BEST
ad. creaminall
(Expert) 08 August 2009
the order passed by lok adalat must on the basis of consent terms filed by the parties and as per the view of Supreme Court Lok Adalats cannot act as civil courts as they do not have any power to pass an award or orders without the consent of the parties to the dispute and are meant only for conciliation. therefore you can not execute the order of consent terms. but in the consent term there must be a clause about the remedy against the default of payment. you can proceed as per the said clause or otherwise you can re opened the original case.
Sarvesh Kumar Sharma Advocate
(Expert) 08 August 2009
mr.ad.creaminall,
plz.explain what are u want to say?
in whichsec. the case reopen whdecided in lok adalat.
and how it not cane in contempt to obey the order of a lokadalat?
adn also thenks 4 yr gesture...
Adinath@Avinash Patil
(Expert) 09 August 2009
Hello, Bhumik. The lokadlat award is decree and decrees can execute as per order 21 Of code of civil proceddur code u may file execution prociding before proper court.All paid installments be deducted.
ANTHONY REDDY
(Expert) 09 August 2009
Only remdey is filing Execution petition before executing court,either to payment of amount, attachment of property or send the JD to civil prision
