Held that pending certain conditions, the orders rejecting the petitioners' applications to recall a witness for further examination are set aside.
Exhibits P4 and P6 set aside; petitioner must deposit Rs. 2,000 as costs within a week to summon P.W.2 for further examination.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE THOMAS P.JOSEPH
WEDNESDAY, THE 4TH DAY OF APRIL 2012/15TH CHAITHRA 1934
OP(C).NO. 1260 OF 2012 (O) -------------------------(I.A. NO.28 OF 2012 AND I.A. NO.29 OF 2012 IN O.P. NO.83 OF 2011, PERMANENT LOK ADALATH, ERNAKULAM)
PETITIONER(S):
1. M/S. STAR HEALTH AND ALLIED INSURANCE COMPANY LIMITED, BRANCH OFFICER, 1ST FLOOR, KANNALPURAM BUILDING, OPP. M.C. ROAD, KOTTAYAM.
2. THE DEPUTY GENERAL MANAGER, GRIEVANCE DEPARTMENT, M/S. START HEALTH AND ALLIED INSURANCE COMPANY LIMITED, NEW TANK STREET, NUNGAMBAKKAM, CHENNAI - 600 034.
BY ADV. SRI.T.J.LAKSHMANAN IYER
RESPONDENT(S):
ABRAHAM GEORGE, THANKAGIRI HOUSE, KANKAPALAM P.O., ERUMELY, KOTTAYAM DISTRICT - 686 509.
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 04-04-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P(C) NO.1260 OF 2012
APPENDIX
PETITIONER(S)' EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE COMPLIANT FILED BY THE RESPONDENT HEREIN BEFORE THE PERMANENT LOK ADALATH, ERNAKULAM IN O.P. NO.83 OF 2011.
EXHIBIT P2 TRUE COPY OF THE WRITTEN STATEMENT FILED BY THE PETITIONERS HEREIN BEFORE THE PERMANENT LOK ADALATH, ERNAKULAM IN O.P. NO.83 OF 2011.
EXHIBIT P3 TRUE COPY OF I.A. NO.28 OF 2012 FILED BEFORE THE PERMANENT LOK ADALATH, ERNAKULAM IN O.P. NO.83 OF 2011.
EXHIBIT P4 TRUE COPY OF THE ORDER PASSED BY THE PERMANENT LOK ADALATH, ERNAKULAM IN I.A. NO.28 OF 2012.
EXHIBIT P5 TRUE COPY OF I.A. NO.29 OF 2012 FILED BEFORE THE PERMANENT LOK ADALATH, ERNAKULAM IN O.P. NO.83 OF 2011.
EXHIBIT P6 TRUE COPY OF THE ORDER PASSED BY THE PERMANENT LOK ADALATH, ERNAKULAM IN I.A. NO.29 OF 2012.
RESPONDENT(S)' EXHIBITS:
NIL
TRUE COPY
P.S. TO JUDGE
THOMAS P.JOSEPH, J.
====================================
O.(C)No.1260 of 2012
==================================== Dated this the 04th day of April, 2012
J U D G M E N T
This Original Petition is filed in challenge of Exts.P4 and P6, orders passed by the Permanent Lok Adalath, Ernakulam rejecting the applications preferred by petitioners (respondents in the Permanent Lok Adalath) for adjournment to enable its counsel to study the case and recall P.W.2 for further cross-examination.
O.P(C) No.1260 of 2012
-: 2 :-
filed the above said applications requesting time to study the case and recall P.W2 for further cross-examination. Those applications were dismissed. Hence this Original Petition challenging Exts.P4 and P6, orders.
O.P(C) No.1260 of 2012
-: 3 :-
having regard to the relevant circumstances I do not think that an opportunity to the petitioners to recall P.W.2 and further examine him should be denied having regard to the contentions urged before the Permanent Lok Adalath. But that should be on terms.
Original Petition is disposed of as under.
(i) Exhibits P4 and P6, orders will stand set aside and opportunity given to the petitioners to recall P.W.2 for further examination on condition that petitioners deposit with the Permanent Lok Adalath for payment to P.W2 Rs.2,000/- (Rupees Two thousand only) by way of costs within a week from this day.
(ii) On such costs being deposited, it shall be open to the petitioners to summon P.W.2 at his expense for further examination.
(iii) In case petitioners does not comply with
O.P(C) No.1260 of 2012
-: 4 :-
the above conditions, this Original Petition will stand dismissed in confirmation of Exts.P4 and P6, orders.
(iv) In case P.W2 is summoned for further examination the Permanent Lok Adalath will ensure that proceedings are completed as early as possible having regard to the grievance of respondent.
THOMAS P. JOSEPH, JUDGE.
vsv
2 issues framed by the court
Whether the petitioner was denied an opportunity to recall the witness for further examination.
Whether the order of the Permanent Lok Adalath setting aside previous orders justifies recalling the witness.
Star Health and Allied Insurance Company Limited and Ors.
Abraham George
Thomas P. Joseph
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
