Whether executing court can correct award of Lok Adalat?

 In Bhavan Vaja and others (supra), the Hon'ble Supreme Court has observed that it is the duty of the Executing Court to find out the true effect of a decree as passed though it cannot go behind such decree in the execution proceedings. For construing a decree, the Executing Court can take into consideration the pleadings as well as the proceedings leading up to the decree. That is the plain duty of the Executing Court. In Darshan Singh (supra) it has been observed that the corrections contemplated under Section 152 of the Code are only accidental omissions or mistakes. A clerical mistake is a mistake in writing or typing and the same can be duly corrected in exercise of that power. As noted above in the present case the compromise memo has been correctly prepared and it is only the award which contains an erroneous reproduction of Clause 2 of the compromise memo. The mistake is therefore accidental as well as clerical in nature. The observations in Tulashiram Nivarutthi Shendge (supra) that even in the matters of the present type, the Executing Court can exercise powers under Section 152 of the Code for correcting an award support the case of the respondent No. 1.

IN THE HIGH COURT OF BOMBAY (NAGPUR BENCH)

Writ Petition No. 02 of 2019

Decided On: 14.03.2019

Dhanraj Dnyaneshwar Koche  Vs. Rajiv Ramdattaji Batra and Ors.

Hon'ble Judges/Coram:

A.S. Chandurkar, J.

Citation: 2019(4) MHLJ 664

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Important Judgments on Lok Adalat

Below are some important Lok Adalat Case Laws - 
Click on the title to open the post.

Whether Murder case can be settled in Lokadalat?

Court should refund court fees if case is settled in lokadalat

Whether award passed by Lok Adalat can be challenged before high court?

WHAT CASES CAN BE SETTLED IN LOK ADALAT?

More cases can be found here : 

http://www.lawweb.in/search/label/lok%20adalat

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Whether Court can correct award passed in Lok adalat by exercising powers U/S 152 of CPC?

(v)  If   the   learned   District   Judge   finds   that   the  calculations incorporated in  the consent awards are erroneous,  the learned District   Judge   shall   direct   that   the   consent   awards   shall   be corrected by exercising powers under sections 152 and 153 of the Code   of   Civil   Procedure,   1908   by   incorporating   the   correct calculations;   

5. After hearing  the parties,  the

determination of the exact amount payable to the petitioners will have to be made by the Reference Court.  If it is found that the computation of the amount payable incorporated in the consent awards is incorrect, the reference Court will have to exercise powers under Section 152 of the Code of Civil Procedure, 1908 for correction of the awards.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

 CIVIL   APPELLATE JURISDICTION

WRIT PETITION  NO. 8891  OF  2012

Tulashiram Nivarutthi Shendage  vs. Taluka Legal Services Authority Malshiras & Ors

CORAM  : A.S. OKA & 

      A.P. BHANGALE, JJ.

DATE      : 23rd  JANUARY,  2013.

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