Dismissed

M/S Indus Motor Co. Pvt.Ltd, v. M/S National Insurance Co. Ltd.

Kerala HC5 Oct 2023WP(C)/12894/2023

Case brief

AI extract

What is this about?

Petitioner sought withdrawal of writ petition and stay on recovery notice before the Motor Accidents Claims Tribunal appeal was decided. The court dismissed the writ as withdrawn but stayed the enforcement of the recovery notice for 15 days.

What did the court decide?

Enforcement of recovery notice Ext.P6 restrained for 15 days; liberty to file application for stay pending appeal.

M/S Indus Motor Co. Pvt.Ltd, Vs M/S National Insurance… — Motor Accident Claims | Kerala HC (2023)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
THURSDAY, THE 5TH DAY OF OCTOBER 2023 / 13TH ASWINA, 1945

¶4

WP(C) NO. 12894 OF 2023

¶5

PETITIONER:

¶6

M/S INDUS MOTOR CO. PVT.LTD., CORDIAL TOWERS,
NEAR ST. MARY'S SCHOOL, PATTOM, THIRUVANANTHAPURAM
REPRESENTED THROUGH ITS LEGAL MANAGER, DEEPA RAJENDRAN,
D/O K RAJENDRAN, AGED 41 YEARS, INDUS MOTOR CO. PRIVATE
LTD HAVING CORPORATE OFFICE AT OPP. SHIPYARD, M.G.ROAD,
KOCHI, PIN – 681 013.

¶7

BY ADV

¶8

C.R.SURESH KUMAR

¶9

RESPONDENTS:

¶10

1 M/S NATIONAL INSURANCE CO. LTD., DIVISIONAL OFFICE, KOLLAM- 691 001 REP. THROUGH ITS MANAGER.

¶11

2 TAHSILDAR, THIRUVANANTHAPURAM TALUK, THIRUVANANTHAPURAM DISTRICT, PIN-695 023.

¶12

BY ADVS.

¶13

GEORGE A.CHERIAN
GEORGE CHERIAN (SR.)
K.JACOB MATHEW

¶14

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.10.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶15

WP(C) NO. 12894 OF 2023

¶16

¶17

DINESH KUMAR SINGH, J.

¶18

--------------------------------------------

¶19

WP(C) NO.12894 of 2023

¶20

--------------------------------------------

¶21

Dated this the 5^th day of October, 2023

¶22

J U D G M E N T

¶23

After some arguments, the learned

¶24

counsel for the petitioner submits that he would like to withdraw the writ petition and move an application for staying the impugned recovery notice Ext.P6 in the pending appeal against the judgment/order dated 31.01.2019 passed by the Motor Accidents Claims Tribunal, Punalur in O.P(MV) No. 717/2013 and OP (MV) No. 732/2013.

¶25

Considering the said submission of the learned counsel for the petitioner, the writ petition is dismissed as withdrawn with liberty to the petitioner to file an application for restrain pending appeal against the said judgment/order dated

¶26

WP(C) NO. 12894 OF 2023

¶27

¶28

31.01.2019 passed by the Motor Accidents Claims Tribunal, Punalur in O.P(MV) No. 717/2013 and OP

¶29

(MV) No. 732/2013. For a period of 15 days from today, the Revenue Recovery notice Ext.P6 shall not be enforced.

¶30

Sd/-

¶31

DINESH KUMAR SINGH JUDGE

¶32

rpr

¶33

WP(C) NO. 12894 OF 2023

¶34

¶35

APPENDIX OF WP(C) 12894/2023

¶36

PETITIONER’S EXHIBITS

¶37

Exhibit P-1A TRUE COPY OF FIR IN CRIME NO.771/13 OF
CHADAYAMANGALAM POLICE STATION DATED
23.04.2013.

¶38

Exhibit P-2A TRUE COPY OF THE JUDGEMENT IN OP(MV) NO.
732/2013 DATED 31.01.2019 OF HON'BLE MACT,
PUNALUR.
Exhibit P-3A TRUE COPY OF THE NOTICE IN EXECUTION
PETITION NO. 15/2021 DATED 19.03.2021.
Exhibit P-4A TRUE COPY OF THE ORDER IN RP 7/2021 OF
HON'BLE MACT, PUNALUR DATED 15.02.2021.
Exhibit P-5A TRUE COPY OF THE RESTORATION PETITION NO.
5/2022.
Exhibit P-6A TRUE COPY OF THE DEMAND NOTICE DATED
14/02/2023 FROM THE DEPUTY TAHASILDAR,
TRIVANDRUM VIDE RRC NO. 2023/928/02.

M/S Indus Motor Co. Pvt.Ltd, v. M/S National Insurance Co. Ltd.

Case brief

What is this about?

What did the court decide?

M/S Indus Motor Co. Pvt.Ltd, v. M/S National Insurance Co. Ltd.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Parties & counsel

Coram

Case details

Similar cases

Spinny Varghese K, Vs the Tahsildar

M/S. Puravankara Limited, Vs State of Kerala

Shastha Enterprises Vs Joint Commissioner (Appeals)

Varghese M.D., Vs Union of India

Chandrashekharan Nair Vs the District Collector

Shobhana P.R. Vs Union of India