Himachal Pradesh High Court
CMPMO/409/2022 of RAJINDER SINGH KATOCH AND ANR Vs ROYAL SUNDERAM GENERAL INSURANCE CO. LTD on 30 December 2022
HIGH COURT OF HIMACHAL PRADESH, SHIMLA CMPMO No. 409 of 2022 Date of decision : 30.12.2022. Rajinder Singh & another ...Petitioners. Versus Royal Sunderam General Insurance C. Ltd. ...Respondent Coram: The Hon’ble Mr. Justice Satyen Vaidya, Judge. Whether approved for reporting?1 For the
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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CMPMO No. 409 of 2022 Date of decision : 30.12.2022. Rajinder Singh & another ...Petitioners. Versus Royal Sunderam General Insurance C. Ltd. ...Respondent
Coram:
The Hon’ble Mr. Justice Satyen Vaidya, Judge.
Whether approved for reporting?[1]
Satyen Vaidya, Judge (Oral):
By way of instant petition, petitioners have assailed order 14.5.2022, passed by learned District Judge (Forest), Chairman National Lok Adalat, Bench No.2, Shimla, in Case No. 601 of 2022.
2. The grievance of the petitioners is that in compliance and in pursuance to such settlement, a sum of Rs. 9,50,000/- was deposited by the respondent, Royal Sunderam General Insurance Co. Ltd. The petitioners were entitled to the amount so deposited and they filed an application before the Lok Adalat for release of the amount. However, their 1 Whether reporters of Local Papers may be allowed to see the judgment?Whether reporters of Local Papers may be allowed to see the judgment?
application was partly allowed and only 50% amount was ordered to be released in their favour that too with certain conditions.
3. It is contended on behalf of the petitioners that the Lok Adalat, after having passed the compromise award had become functus-officio and had no jurisdiction to withheld the release of amount in favour of the petitioners.
4. Though, ordinarily in exercise of jurisdiction under Article 227 of the Constitution of India, this Court will not interfere with the orders passed by the Lok Adalat, however, in exceptional cases, the same is permissible. Keeping in view the facts and circumstances of the case, I am of the considered view that this is a fit case where this Court can exercise its jurisdiction under Article 227 of the Constitution of India.
5. Noticeably, on the application for release of amount, before the Lok Adalat, the respondent Royal Sunderam General Insurance Co. Ltd. had raised no objection, rather the counsel representing the respondent had made a statement that he had no objection in granting the prayer made by the petitioners. In the present proceedings also, respondent had not put in appearance despite service and thus, it can be inferred that the respondent has nothing to say.
6. Keeping in view the entirety of the facts and circumstances of the case, order 14.5.2022, passed by learned District Judge (Forest), Chairman National Lok Adalat, Bench No.2, Shimla, in Case No. 601 of 2022 is quashed and set aside. Entire award amount lying in deposit in case decided by the Lok Adalat in Case No. 601 of 2022 shall be released to the petitioners by remitting the same to their respective bank accounts as per their respective shares after due verification. The petitioners to submit the details of their respective bank accounts to the Lok Adalat. 7. The petition is disposed of. Pending applications, if any, also stand disposed of.
30[th] December, 2022 (kck)
(Satyen Vaidya)Judge