Single judge order staying hearing on challenge to 2011 Lok Adalat award filed in 2024, noting procedural grounds including lack of signatory and referral order.
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909wp16898-24
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.16898 OF 2024
Jigarbhai Bharatbhai Shah Legal Heir of Bharatbhai Hirachand Shah ... Petitioner. Versus Fatesinh Mohan Chouhan and Ors. ... Respondents.
Mr. Manoj Badgujar, Advocate for the Petitioner.
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Coram : Sharmila U. Deshmukh, J. Date : November 19, 2024
P. C. :
1. The Award of the Lok-Adalat of the year 2011 is challenged in the year 2024 after the Execution Proceedings have been filed on the ground that the predecessor of the present Petitioner was not signatory to the consent terms before the Lok-Adalat and there was no referral order of the Civil Court. Learned counsel for the Petitioner would further submit that the Advocate for the Plaintiff was also a part of the Panel of Lok-Adalat.
2. Issue notice to the Respondents, returnable after a period of three weeks. In addition to Court notice, the Petitioner is permitted to serve the Respondents by private notice by any of the permissible modes of service before the next date and to file affidavit of service before the next date.
3. Stand over to 10th December, 2024 .
[Sharmila U. Deshmukh, J.]
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sa_mandawgad
Signed by: Sanjay A. Mandawgad Designation: PA To Honourable Judge Date: 21/11/2024 10:09:55
Jigarbhai Bharatbhai Shah Legal Heir of Bharatbhai Hirachand Shah
Fatesinh Mohan Chouhan and Ors.
Sharmila U. Deshmukh
As recorded by the court registry
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