Himachal Pradesh Sept 14(ILNS): The Himachal Pradesh High Court recently, while observing that “Petition is nothing but an afterthought”, dismissed a Petition filed for setting aside the award passed by the National Lok Adalat.
The Petition has been filed by one Lachmi Chand @ Chandu, for setting aside the award passed by the National Lok Adalat, on 9.12.2017, on the ground that the award so passed by the National Lok Adalat, is not sustainable in the eyes of law as the petitioner had never acquiescence to any settlement of the issue by way of conciliation, nor the Counsel who made a statement before the National Lok Adalat compromising the matter on behalf of the Petitioner was authorized to do so.
A Single Bench comprised of Justice Ajay Mohan Goel, on perusal of the record, demonstrates that Surinder Verma, Counsel who appeared on behalf of the Petitioner, made a statement before the Lok Adalat that as the State was intending to withdraw the appeal filed by it, the Petitioner be also permitted to withdraw the cross-objections filed by him. It was on the basis of a statement made before the Lok Adalat that the award was passed by it.
The Court further noted that thereafter on the strength of the award, so passed by the National Lok Adalat dated December 9, 2017, the Petitioner filed a miscellaneous application for release of the amount. Incidentally, in this application, no averments were made by the Petitioner that the cross-objections which stood filed by him, were wrongly withdrawn on the basis of a statement of Counsel, who was not authorized by him to give such statement and the application was being filed by him by reserving his right to assail the award passed by the National Lok Adalat, on the ground on which the petition has been filed, the Court observed.
“This demonstrates that filing of the present petition is nothing but an afterthought and in this view of the matter, the Court does not intend to agree with the contention of the petitioner that the award so passed was without his acquiescence. Accordingly, this petition is dismissed “, the order reads./ILNS/SS/SNG