The plea of the petitioner was that as per stipulation, in case of cancellation of the booking, the advance amount shall stand forfeited. The learned Lok Adalat having appreciated the evidence and materials brought on record, came to the conclusion, that the petitioner herein failed to substantiate its plea, that as per the stipulation, the advance money should be forfeited in the event of cancellation of he booking for any reason. Having gone through the record, this court is of the view that such finding of the learned Lok Adalat is quite reasonable. When payment of advance money of Rs. 50,000/- was not in dispute and the petitioner dealer failed to substantiate its plea as to the stipulation, that the advance money should be forfeited, in case of cancellation of the booking, the award made by the learned Lok Adalat, in my considered view has not suffered from any illegality, impropriety or irregularity requiring interference of this Court in the exercise of power under Article 227 of the Constitution. It is also submitted by the learned counsel for the petitioner, that Mahnidra & Mahindra Company ought to have been made a party, but having regard to the nature of controversy, I am of the view, that the company was not a necessary party in this proceeding, inasmuch as, the dispute could have been decided in the presence of the parties already before the Court.
