Dharanidhar Prusty v. Dibakar Swain

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.35509 of 2020 Dharanidhar Prusty & another ....

Petitioners Mr.Laxmidhar Dash, Advocate -versusDibakar Swain & others ....

Opp. Parties

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

28.10.2022 1.

This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

2.

The present writ application has been filed by the Petitioners with a prayer for a direction to Opposite Party No.3, the National Insurance Company to provide the cheque amount of Rs.45,000/- along with pendent lite interest at the rate of 9% to the Petitioners from the date of order i.e. 24.11.2013 and further for a direction to the learned District Judge (Civil), 1st MACT, Kendrapara to disburse the amount in favour of the Claimant in MACT Case No.33 of 2011 within a stipulated period of time.

3.

On a perusal of the Legal Services Authorities Act, 1987 this Court observes that Section 22-E (2) of the Act provides that every award of the Permanent Lok Adalat under this Act shall be deemed to be a decree of a Civil Court. Furthermore, Section 22-E(5) provides that the Permanent Lok Adalat may transmit any award made by it to a Civil Court having local jurisdiction and such Civil Court shall

// 2 // execute the order as if it were a decree made by the Court. 4.

In such view of the matter, learned counsel for the Petitioner does not want to pursue the writ application and seeks liberty to approach the competent court to execute the award passed in the Lok Adalat.

5.

Accordingly the Writ Petition is disposed of with the liberty as prayed for.

6.

Issue urgent certified copy of this order as per Rules. ( A.K. Mohapatra) Judge RKS