Suresh vs Jain

Suresh vs JAIN

Type Court Judgment Court Kerala Decided Oct 17, 2022

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https://sooperkanoon.com/case/1496465

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Citation: sooperkanoon.com/1496465
Court: Kerala High Court
Judge: Honourable Mr. Justice P.V.Kunhikrishnan
Decided On: Oct 17, 2022
Case Number: OP (MAC)/69/2022

Parties & Advocates

Appellant / Petitioner

Suresh

Respondent

JAIN

Excerpt

.....claims tribunal, thiruvananthapuram, for a period of one month.”5. thereafter the interim order was extended by two weeks on 16.08.2022. subsequently the matter came up for consideration on 19.08.2022 on which date this court passed the following order:“adv.d.kishore enters appearance for the 1 st respondent. petitioner to take steps on the 2nd respondent . interim order granted by this court on 01.07.2022 is extended for a period of two months, on condition that the petitioner pay an amount of rs.25,000/-(rupees twenty five thousand only) before the tribunal, within a period of one month from today. on such deposit, the tribunal shall disburse the amount to the claimant.”6. it is submitted that the petitioner deposited the amountof rs.25,000/- (rupees twenty five thousand only) as directed. if that is the case, there can be a direction to the tribunal to consider ext.p3 within a time frame and till then the execution proceedings can be deferred and the 1st respondent can be allowed to withdraw the amount already deposited.7. learned counsel for the 1st respondent submitted thatno application for condoning the delay in filing ext.p3 is filed. these are matters to be considered by the tribunal. therefore, this original petition is disposed of with the following direction:1. the motor accidents claims tribunal,thiruvananthapuram is directed to consider and pass appropriate orders in ext.p3 application as expeditiously as possible at any rate within one month from the date of receipt of copy of this judgment.2. till final orders are passed in ext.p3 application the execution proceedings based on ext.p1 shall be deferred.3. the 1st respondent is free to file an application to withdraw the amount already deposited by the petitioner and if such an application is filed the tribunal will allow the 1st respondent to withdraw the amount.4. i make it clear that, i have not considered thematter on merit and the 1st respondent is free to raise all the contentions.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN MONDAY, THE 17TH DAY OF OCTOBER 2022 / 25TH ASWINA, 1944 AGAINST THE ORDER/JUDGMENT OPMV 1400/2007 OF MOTOR ACCIDENT CLAIMS TRIBUNAL ,TRIVANDRUM PETITIONER/JUDGMENT DEBTOR/1ST RESPONDENT: SURESH AGED 52 YEARS, SON OF DIVAKARAN MANJERI VEEDU, KARIPOOR, KARANTHALA,KARIPOOR P O, NEDUMANGADU,THIRUVANANTHAPURAM, PIN - 695541 BY ADVS. R.T.PRADEEP M.BINDUDAS K.C.HARISH RESPONDENTS/DECREE HOLDERS & RESPONDENTS 2 & 3:
1 JAIN SON OF KRIPAKARAN NADAR, KRIPA SADANAM, NELLIKKAKUZHI, KANJIRAMKULAM P O, NOW RESIDING AT MARY VILLA, M.L.A. ROAD, T.C. 1924 / 1, ELANKAM LANE, NEDUMCAUD, KARAMANA P O, THIRUVANANTHAPURAM, PIN - 695002
2 SHARAFUDHEEN SON OF KASIM, MARUTHAMALA, ROADARIKATHU VEEDU, KOTTAKKAKAM MURI, VITHURA, THIRUVANANTHAPURAM, PIN - 695551 3 NEW INDIA ASSURANCE COMPANY LTD. DIVISIONAL OFFICE, IIND FLOOR,REMA PLAZA, S.S. COVIL ROAD, THAMPANOOR,THIRUVANANTHAPURAM, PIN - 695014 BY ADVS. KISHORE D LALGEORGE GEORGE MEERA GOPINATH(K/001803/1999.) R.MURALEEKRISHNAN (MALAKKARA)(K/000583/2008) SEBASTIAN VARGHESE(K/141/2000)(K/141/2000) THIS OP (MAC) HAVING COME UP FOR ADMISSION ON 17.10.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

This original petition is filed with the following prayers: I. To direct the Motor Accidents Claims Tribunal, Thiruvananthapuram to take a decision on Exhibit - P3 within such time fixed by this Hon’ble Court not less than 6 months and the proceedings in the E.P. including warrant of arrest shall be kept in abeyance till such time;

2. The petitioner suffered an award from Motor Accidents

Claims Tribunal, Thiruvananthapuram in O.P.(MV) No.1400/2007. The respondent No.1 filed an execution petition. It is the case of the petitioner that the award was an ex parte award. The petitioner filed Ext.P3 application to set aside the ex parte award. The same is pending. In the meanwhile, the recovery proceedings were initiated is the grievance of the petitioner.

3. Heard the learned counsel for the petitioner and the

learned counsel appearing for the 1st respondent. Notice to 2nd and 3rd respondent is not complete. Notice is not necessary to respondents 2 and 3 at this stage and if they are aggrieved by this

order they are free to file a review petition.

4. When this original petition came for consideration on 01.07.2022 this Court passed the following order:

“Admit. Issue notice by speed post to respondents 1 and 2. The learned Standing Counsel takes notice for the 3 rd respondent. There will be a stay of warrant of arrest issued against the petitioner in E.P.No.632 of 2015 in OP(MV) No.1400 of 2007 before the Motor Accidents Claims Tribunal, Thiruvananthapuram, for a period of one month.”

5. Thereafter the interim order was extended by two weeks on 16.08.2022. Subsequently the matter came up for consideration on 19.08.2022 on which date this Court passed the following order:

“Adv.D.Kishore enters appearance for the 1 st respondent. Petitioner to take steps on the 2nd respondent . Interim order granted by this Court on 01.07.2022 is extended for a period of two months, on condition that the petitioner pay an amount of Rs.25,000/-(Rupees twenty five thousand only) before the Tribunal, within a period of one month from today. On such deposit, the Tribunal shall disburse the amount to the claimant.”

6. It is submitted that the petitioner deposited the amount

of Rs.25,000/- (Rupees twenty five thousand only) as directed. If that is the case, there can be a direction to the Tribunal to consider Ext.P3 within a time frame and till then the execution proceedings can be deferred and the 1st respondent can be allowed to withdraw the amount already deposited.

7. Learned counsel for the 1st respondent submitted that

no application for condoning the delay in filing Ext.P3 is filed. These are matters to be considered by the Tribunal. Therefore, this original petition is disposed of with the following direction:

1. The Motor Accidents Claims Tribunal,

Thiruvananthapuram is directed to consider and pass appropriate orders in Ext.P3 application as expeditiously as possible at any rate within one month from the date of receipt of copy of this judgment.

2. Till final orders are passed in Ext.P3 application the execution proceedings based on Ext.P1 shall be deferred.

3. The 1st respondent is free to file an application to withdraw the amount already deposited by the petitioner and if such an application is filed the Tribunal will allow the 1st respondent to withdraw the amount.

4. I make it clear that, I have not considered the

matter on merit and the 1st respondent is free to raise all the contentions available before the Tribunal. Sd/- P.V.KUNHIKRISHNAN JUDGE nak APPENDIX OF OP (MAC) 69/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF SALE NOTE OF THE VEHICLE DATED 23.9.2006 EXECUTED BETWEEN PETITIONER AND ONE SULAIMAN Exhibit P2 TRUE COPY OF E.P. NO.632/2015 IN O.P. (M.V.) NO.1400/2007 BEFORE MOTOR ACCIDENTS CLAIMS TRIBUNAL, THIRUVANANTHAPURAM NIL DATED Exhibit P3 TRUE COPY OF I.A. DATED 27.6.2022 SEEKING TO SET ASIDE THE EX-PARTE AWARD ON THE FILE OF MOTOR ACCIDENT CLAIMS TRIBUNA, THIRUVANANTHAPURAM

Same Court & Year Kerala · 2022 Same Parties Suresh vs JAIN Same Judge Honourable Mr. Justice P.V.Kunhikrishnan