Award passed by Lok Adalat Decree – capable of execution

2012 (1) CTC 96
K.N. Govindan Kutty Menon Vs C.D. Shaji
Code of Civil Procedure, 1908 (5 of 1908), Section 2(e) – Legal Services Authorities Act, 1987 (39 of 1987),Section 21 – Decree – Meaning – Whether award passed by Lok Adalat can be treated as decree of Civil Court –Criminal case filed by Appellant under Section 138 of the Negotiable Instruments Act was referred to Lok Adalat for settlement – Lok Adalat passed award settling dispute between parties – Respondent failed to make payment in terms of award passed by Lok Adalat – Appellant filed Execution Petition before District Munsif Court for execution of award – District Munsif Court dismissed Execution Petition in an unnumbered stage holding that award passed by Lok Adalat in pursuance of reference made by Magistrate in Criminal case is not a decree – Held, every award of Lok Adalat shall be deemed to be decree of Civil Court and such decree is executable by a Court of law – Act does not make out any distinction between reference made by Civil Court and Criminal Court – No restriction on power of Lok Adalat to pass award based on compromise arrived at between parties in respect of cases referred to by various Courts including both Civil and Criminal, Tribunals, Family Court, Rent Control Court, Consumer Redressal
Forum, Motor Accident Claims Tribunal and other forums of similar nature.

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