Taking note of a case in which a bogus power of attorney (PoA) holder is said to have entered into a compromise deal without the knowledge of the owner of a property, the High Court of Karnataka has issued guidelines to ascertain the identity of litigants, PoAs during compromise or settlement of disputes, be it before the trial courts or the Lok Adalat.
“In the event of a PoA holder appearing, it would be the bounden duty of trial courts or the Lok Adalat to ascertain if the concerned party [whom the PoA holder representing] has been served with the notice,” the High Court said.
Justice Suraj Govindaraj issued the directions on a petition filed by a 63-year-old woman from Mumbai. She had complained that a compromise petition was filed before a civil court in Hubballi in relation to her property and that the compromise petition was referred to the Lok Adalat, where it was settled through a bogus PoA holder without her knowledge even though she had not executed the PoA.
