IN THE HIGH COURT OF KERALA AT ERNAKULAM
Ins.APP.No. 45 of 2005()
1. THE REGIONAL DIRECTOR,
... Petitioner
2. THE RECOVERY OFFICER,
Vs
1. M/S. A.F.D.C. LTD.,
... Respondent
For Petitioner :SRI.P.SANKARANKUTTY NAIR
For Respondent :SRI.A.M.SHAFFIQUE (SR.)
The Hon'ble MR. Justice K.M.JOSEPH
The Hon'ble MR. Justice M.L.JOSEPH FRANCIS
Dated :29/05/2009
O R D E R
K. M. JOSEPH &
M.L. JOSEPH FRANCIS, JJ.
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INS.A.No. 45 of 2005
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Dated this the 29th day of May, 2009
JUDGMENT
Joseph, J.
Heard the learned counsel for the appellants as also the
learned counsel appearing on behalf of the respondent.
2. This is a case where the Insurance Court has followed
the Full Bench decision of this Court in Employees State
Insurance Corporation v. Excell Glasses Ltd. (2003 (3) KLT
42 (FB) and held that claims beyond five years are barred. The
said judgment stands reversed by the decision of the Apex Court
in Employees’ State Insurance Corporation v. C.C.
Santhakumar (2007 (1) KLT 133)(SC). This means that the
impugned judgment is only to be set aside and the matter is to be
remitted for reconsideration.
INS.A.No. 45 of 2005
2
3. Accordingly, the impugned judgment is set aside and the
matter is remitted to the Insurance Court, which court will proceed to
reconsider the matter afresh in accordance with law, with opportunity
to the parties.
(K. M. JOSEPH)
Judge
(M.L. JOSEPH FRANCIS)
Judge
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