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High Court of Punjab and HaryanaCWP/13065/2019dismissed

Sukhpreet Singh And Others v. Chairman, Permanent Lok Adalat Sas Nagar Mohali Punjab And Another

2021-11-26Mr. Justice Raj Mohan Singh4 pages



IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH (Through video conferencing) 1.

CWP No.13065 of 2019 Date of Decision: 26.11.2021 SUKHPREET SINGH AND OTHERS ......Petitioners Vs CHAIRMAN, PERMANENT LOK ADALAT SAS NAGAR MOHALI PUNJAB AND ANOTHER .....Respondents 2.

CWP No.15830 of 2019 SUKHPREET SINGH AND OTHERS ......Petitioners Vs PERMANENT LOK ADALAT SAS NAGAR MOHALI PUNJAB AND ANOTHER .....Respondents 3.

CWP No.15916 of 2019 SUKHPREET SINGH AND OTHERS ......Petitioners Vs PERMANENT LOK ADALAT SAS NAGAR MOHALI PUNJAB AND ANOTHER .....Respondents 4.

CWP No.13175 of 2019 SUKHPREET SINGH AND OTHERS ......Petitioners Vs PERMANENT LOK ADALAT SAS NAGAR MOHALI PUNJAB AND ANOTHER .....Respondents 5.

CWP No.3159 of 2020

 SUKHPREET SINGH AND OTHERS ......Petitioners Vs CHAIRMAN, PERMANENT LOK ADALAT SAS NAGAR MOHALI PUNJAB AND ANOTHER .....Respondents CORAM: HON'BLE MR. JUSTICE RAJ MOHAN SINGH Present:Mr. G.S. Goraya, Advocate for the petitioners.

Mr. Saurav Bhatia, Advocate for respondent No.2.

**** RAJ MOHAN SINGH, J.(Oral) Vide this common order, CWP Nos.13065 of 2019, 15830 of 2019, 15916 of 2019, 13175 of 2019 and CWP No.3159 of 2020 are being decided.

In the aforesaid bunch of five cases, the orders of the Permanent Lok Adalat (Public Utility Services), SAS Nagar, Mohali have been assailed. Since, in all the petitions similar cause of action is involved, therefore, for brevity common facts are being culled out.

On 07.02.2020, following order was passed by the Coordinate Bench of this Court in CWP Nos.13065 and 13175 of 2019:- "It is submitted that the petitioners do not challenge the impugned award dated 14.12.2015

 passed by the learned Permanent Lok Adalat on merits. However, it is submitted that the rate of interest awarded by the learned Permanent Lok Adalat is on the higher side and the amount towards pain and mental harassment etc. should not have been awarded.

Notice of motion on the limited aspect as above, for 27.07.2020.

In case, the petitioners deposit the principal amount due towards respondent No. 2 within one week of receipt of certified copy of this order and the component of interest thereon at the rate of 6%, within the next four weeks thereafter, execution proceedings to remain stayed till the next date of hearing. A photocopy of the order be placed on the file of the connected case.

February 07, 2020 (Lisa Gill) rts Judge"

Evidently, the Court was prima face inclined to consider the prayer for reduction of interest component and precisely for that reason, opportunity was given to the petitioners to deposit the principal amount due to respondent No.2 within one week of receipt of the certified copy of the order and the component of interest thereon @ 6% within the next four weeks thereafter. Subject to the aforesaid deposit, the execution proceedings were directed to be stayed till the next date of hearing. Thereafter the case was adjourned on number of occasions.

 Today, on being asked, learned counsel for the petitioners submits that the petitioners have not complied with the aforesaid order dated 07.02.2020 despite his asking. Faced with this eventuality, learned counsel for the petitioners is not in a position to address these petitions on merits.

In view of aforesaid position, all the petitions are dismissed for non-compliance of order dated 07.02.2020. (RAJ MOHAN SINGH) November 26, 2021 JUDGE Atik Whether speaking/reasoned Yes/No Whether reportable Yes/No