Is It Compulsory to Attend the Arbitration Process Referred by the Lok Adalat Judge?
29-May-2024 (In Arbitration Law)
Recently, the judge issued a Lok Adalat notice for my case. I have some inquiries:
- What is Lok Adalat, and what role does it play in dispute resolution?
- Is it compulsory for the accused to attend Lok Adalat, or can they send a representative with an agreement letter?
- Can we ignore a Lok Adalat notice, or is attendance mandatory?
- Can the accused request to return to court before reaching a compromise?
- What happens if the accused fails to attend Lok Adalat?
- Can we approach another Lok Adalat in 2024 or 2025?
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Lok Adalat is a statutory alternative dispute resolution forum under the Legal Services Authorities Act, 1987 that facilitates amicable settlement of pending and pre'litigation civil matters and compoundable criminal matters; every award is treated as a decree and is final and binding under Section 21 of the Act. [https://www.indiacode.nic.in/handle/123456789/1925] [https://nalsa.gov.in/lok-adalats/]. Attendance by the parties is normally required but an authorized representative or advocate may appear and settlements are often recorded through counsel; however Lok Adalats must act as conciliators and cannot assume judicial adjudication or pass an award without genuine consent (see State of Punjab v. Jalour Singh, (2008) 2 SCC 660). [https://indiankanoon.org/doc/483834/]. If an accused misses a Lok Adalat sitting, the bench may either record a settlement through an authorised representative (and pass an award which will be final) or, if no compromise is possible, return the record to the referring court for regular disposal (see Legal Services Authorities Act, ss.20'21). [https://www.indiacode.nic.in/handle/123456789/1925]. Where a compromise award is passed and complied with, subsequent criminal action in respect of the same settled cause has been held to be impermissible (Saleem Ahmed v. State, 2019). [https://indiankanoon.org/doc/5577234/]. A matter not settled can be referred to another Lok Adalat or re'referred by the court; but once a proper Lok Adalat award has been made it is ordinarily final and can only be assailed on very limited grounds (fraud, jurisdictional error, breach of natural justice) by writ to the High Court under Articles 226/227 as explained in Bhargavi Constructions v. Kothakapu Muthyam Reddy (2018) and Jalour Singh. [https://www.courtkutchehry.com/judgements/693155/bharvagi-constructions-anr-vs-kothakapu-muthyam-redd/] [https://indiankanoon.org/doc/483834/]. For criminal'law consequences and procedure note the revised criminal statutes now in force: the Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS) and Bharatiya Sakshya Adhiniyam (BSA). [https://www.indiacode.nic.in/handle/123456789/20062'view_type=browse] [https://www.indiacode.nic.in/handle/123456789/21615'locale=en] [https://www.indiacode.nic.in/handle/123456789/21070'view_type=browse]
Lok Adalat is an alternative dispute resolution (ADR) mechanism in India where cases are settled amicably outside the formal court system. It promotes compromise between parties for a quick and cost-effective resolution. Cases related to civil disputes, family matters, bank recovery cases, and petty criminal offenses are commonly resolved in Lok Adalat.
If you ignore a Lok Adalat notice:
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The case might still be heard without you leading to an ex-parte decision (basically, the panel can decide in your absence).
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If no settlement is reached, the matter may bounce back to the regular court, and you might lose the chance to resolve it quickly and cheaply.
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Lok Adalat operates on a voluntary basis. If you choose not to attend, there is no legal obligation, and your case will continue in court from where it was left.
Additionally, if both parties agree, mediation can be an alternative. Like Lok Adalat, mediation is also voluntary, ensuring that no one is forced into a settlement.
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Lok Adalat aims to provide quick justice and reduce the burden on courts. While attending Lok Adalat is advisable, it is not mandatory. However, if you ignore a Lok Adalat notice, the case may continue in regular court.
If a party or their advocate is absent, the panel may pass an ex-parte order (a decision made in the absence of one party). However, if no settlement is reached, the case is referred back to the court for further proceedings.
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Additionally, the accused has the right to return to court before finalizing any compromise. If they do not attend the Lok Adalat session, a notice or summons may be issued for the next date. If they miss it again, Lok Adalat loses jurisdiction, and the case is transferred back to the court.
If other legal bodies have jurisdiction over the case, it may be transferred accordingly. Similarly, parties can request a transfer of their case from one Lok Adalat to another if necessary.
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