Nandkishor Mohanlal Lahoti v. M/S Sai Construction Engineer And Contractors Through Its Partner N B Pawar

*1*

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.14278 OF 2017 NANDKISHOR MOHANLAL LAHOTI

VERSUS

M/S SAI CONSTRUCTION ENGINEER AND CONTRACTORS THROUGHITS PARTNER N B PAWAR ...

Advocate for the Petitioner : Shri Thorat Chandrakant R.. Advocate for the Respondent : Ms.Bodke Patil Poonam V.. ...

CORAM: RAVINDRA V. GHUGE, J.

DATE :- 15th December, 2018 Per Court:

I have heard the strenuous submissions of the learned Advocates appearing for the respective sides. With their assistance, I have gone through the scheme of the Legal Services Authorities Act, 1987 and especially Sections 20, 22 and 22-C. There is no dispute that the pecuniary jurisdiction of the Permanent Lok Adalat is now raised to Rs.25 lac. It appears that the Petitioner, despite having been granted 74 days time in PLA Petition No.89/2016, has not entered the written say. However, he has also not consented for the compromise. Since the recovery for an amount of Rs.17,34,634/- has been ordered by the impugned order, the Petitioner is aggrieved.

I find that by imposing costs, the matter could be remitted to

*2* the Permanent Lok Adalat, Aurangabad.

The learned Advocate for the Respondent has taken instructions from the Respondent, present in the Court, that if costs of Rs.10,000/- are imposed, to be paid to the Respondent, he would agree for a remand and would pray for a time bound decision. The learned Advocate for the Petitioner is agreeable. In view of the above, this Writ Petition is partly allowed. The impugned order dated 26.04.2017 is set aside and PLA Petition No.89/2016 is remitted to the Permanent Lok Adalat, Aurangabad on the following conditions :- (a) The litigating sides would appear before the Permanent Lok Adalat, Aurangabad on 07.01.2019.

(b) The Petitioner shall deposit an amount of Rs.10,000/- (Rupees Ten Thousand) on or before 07.01.2019 before the Permanent Lok Adalat, Aurangabad.

(c) The Respondent is at liberty to withdraw the said costs without conditions.

(d) The Petitioner shall also enter his written statement/ say along with all accompanying documents on 07.01.2019 and shall not seek an adjournment.

(e) The Permanent Lok Adalat would thereafter, dispose of the said proceedings in accordance with the scheme enunciated

*3* under the Legal Services Authorities Act, 1987, on or before 31.03.2019.

(f) All the contentions of the parties are kept open except the issue of pecuniary jurisdiction.

kps (RAVINDRA V. GHUGE, J.)