In plain words: you settled at a Lok Adalat, but the other side isn't honouring it. Do not despair — and do not start over. A Lok Adalat award is a decree, and you can enforce it.
Why you don't start again
A Lok Adalat award is deemed a decree of a civil court. That means if the other side defaults, you do not file a fresh case — you go straight to execution, the legal process for enforcing a decree.
How execution works
- File an execution petition before the appropriate court, enclosing the award and showing the default.
- The court can order recovery by attachment and sale of property, attachment of bank accounts, or garnishee of money owed to the defaulter.
- In suitable cases, other coercive steps are available to compel compliance.
Where your drafting pays off
If your settlement had a default clause making the whole balance due on default, execution is straightforward — you execute for the full amount at once, rather than instalment by instalment. This is why the terms matter when you settle.
What you will need
- A certified copy of the Lok Adalat award.
- Proof of the default (what was due and unpaid).
- Details of the defaulter's assets — property, bank accounts, employer — to target recovery.
Act within time
Execution is subject to limitation, so do not sit on a defaulted award. Move promptly to preserve your right to enforce.
Frequently asked questions
Do I file a new case if they don't pay? No — you execute the award as a decree.
Can the court attach the defaulter's property? Yes — attachment and sale is a standard execution remedy.
Is there a time limit to execute? Yes — execution is governed by limitation, so act promptly.
How Vakil Help Desk helps
Vakil Help Desk enforces Lok Adalat awards — filing execution, attaching assets and recovering what you are owed. If the other side has broken a settlement, we can help you enforce it.
This article is for general legal awareness, not individual legal advice. Whether a Lok Adalat suits your matter depends on the facts, the stage of the case and the settlement on offer, and the law and monetary limits are revised over time. Please consult a lawyer before acting.