2009 (11) TMI 992

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....tition filed by the petitioner to execute the Exhibit P1 award. 2. Petitioner filed a complaint against the respondent for the offence punishable under Section 138 of the Negotiable Instruments Act. Complaint was referred to the Lok Adalat where it was settled by the parties culminating in passing of an award. The respondent under the settlement agreed to pay the cheque amount of Rs. 5500/- in five equal monthly instalments of Rs. 1100/-. The respondent committed default in making the instalment payment. Petitioner, thereupon, filed an execution petition before the Munsiff Court seeking the execution of the award passed in the Lok Adalat. The learned Munsiff declined to receive the execution petition on the file of the court for the reas....

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.... executable by that court. Section 21 of the Legal Services Authorities Act, 1987, reads thus:  "21. Award of Lok Adalat:- (1) Every award of the Lok Adalat shall be deemed to be a decree of a civil court or, as the case may be, an order of any other court and where a compromise or settlement has been arrived at, by a Lok Adalat in a case referred to it under sub- section (1) of section 20, the court fee paid in such case shall be refunded in the manner provided under the Court Fees Act, 1870 (7 of 1870)."  (Sub-section (2) omitted as not relevant). Every award passed by the Lok Adalat has to be deemed to be a decree of a civil court and as such executable by that court is the argument canvassed by the learned....