Every Award of Lok Adalath, whether passed in a civil case or in a criminal case, is executable. The Act does not make out any such distinction between the reference made by a civil court and criminal court. Apex Court Judgment

Supreme Court of India

K.N. Govindan Kutty Menon vs C.D. Shaji on 28 November, 2011

Bench: P. Sathasivam, J. Chelameswar

                                                                         REPORTABLE
                       IN THE SUPREME COURT OF INDIA
                    CIVIL APPELLATE JURISDICTION
                  CIVIL APPEAL NO.  10209  OF 2011
                (Arising out of SLP (C) No.2798 of 2010)

K.N. Govindan Kutty Menon                                    .... Appellant (s)

               Versus

C.D. Shaji                                                      .... Respondent(s)


                              J U D G M E N T 

P. Sathasivam, J. 

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17. From the above discussion, the following propositions emerge:

1) In view of the unambiguous language of Section 21 of the Act, every award of the Lok Adalat shall be deemed to be a decree of a civil court and as such it is executable by that Court.

2) The Act does not make out any such distinction between the reference made by a civil court and criminal court.

3) There is no restriction on the power of the Lok Adalat to pass an award based on the compromise arrived at between the parties in respect of cases referred to by various Courts (both civil and criminal), Tribunals, Family court, Rent Control Court, Consumer Redressal Forum, Motor Accidents Claims Tribunal and other Forums of similar nature.

4) Even if a matter is referred by a criminal court under Section 138 of the Negotiable Instruments Act, 1881 and by virtue of the deeming provisions, the award passed by the Lok Adalat based on a compromise has to be treated as a decree capable of execution by a civil court.

18) In view of the above discussion and ultimate conclusion, we set aside the order dated 23.09.2009 passed by the Principal Munsiff Judge in an unnumbered execution petition of 2009 in CC No. 1216 of 2007 and the order of the High Court dated 24.11.2009 in Writ Petition (C) No. 33013 of 2009.

Consequently, we direct the execution court to restore the execution petition and to proceed further in accordance with law.

19) Before parting with this case, we would like to record our deep appreciation for the valuable assistance rendered by the learned amicus curiae.

20) The civil appeal is allowed. There shall be no order as to costs.

.................................................J.

(P. SATHASIVAM) ...............................................J.

(J. CHELAMESWAR) NEW DELHI;

NOVEMBER 28, 2011.