Is it compulsory to attend the arbitration process referred by judge
07-Jul-2023 (In Arbitration Law)
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In Lok Adalat, it is generally recommended that the parties involved in the dispute attend the proceedings in person to ensure that they fully understand the process and can effectively participate in the settlement discussions. However, in certain cases, the accused may be permitted to send a representative with an agreement letter.
The decision to allow a representative to attend in place of the accused is typically at the discretion of the presiding officer of the Lok Adalat. The presiding officer may consider factors such as the nature of the dispute, the reasons for the accused's absence, and the willingness of the parties to cooperate and reach a settlement.
If the accused is unable to attend the Lok Adalat in person, it is important to inform the presiding officer in advance and provide a valid reason for the absence. In some cases, the presiding officer may allow the accused to participate in settlement discussions through video conferencing or other remote means.
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In a Lok Adalat, if a settlement agreement is not reached between the parties, the case is referred back to the court where it was originally filed or to the appropriate court for disposal in accordance with the usual legal process.
It's important to note that the Lok Adalat is a voluntary mechanism for resolving disputes, and the parties are not bound to accept any settlement proposal that they find unsatisfactory. If the parties are unable to reach a settlement through Lok Adalat, they can pursue their legal remedies through the regular court system.
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Lok Adalats are based on a voluntary and consensual approach to dispute resolution. If the accused does not attend the Lok Adalat, the case cannot be settled through the Lok Adalat process, and the matter may proceed to a regular court hearing.
In some cases, the Lok Adalat may also issue a summons to the accused or their representative, requiring them to attend the hearing.
2. Yes the Accused again ask to go to court before any compromise plan. There are no rules, which stop the person to do so.
3. If the Person does not attend the Adaalath, then they will send summons for next date. If the person is absent on that date too, then the lok adalat is stripped of the jurisdiction and court takes over.
4. If there are any tribunals other than Lok Adaalats, under whose jurisdiction the case lies. Court sends the case to that tribunal. In the same way, parties can ask the case to be transferred from adaalat to such adaalat.
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Bhaskar
Received lok adalat notice to attain case which I had no documents . How to proceed . It's was home loan secured loan , which I was traped by bank manager , and not paid
Reply by LawRato
It is crucial to attend the Lok Adalat hearing as per the notice received. Failure to attend may have adverse consequences. Be prepared to present your case, explain your situation, and provide any evidence you have to support your claims. Lok Adalat aims to resolve disputes through negotiation and mediation. During the hearing, you may have an opportunity to discuss the matter with the opposing party, including the bank or its representative, and attempt to reach a mutually agreeable settlement.
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