IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 3557 of 2008(W)
1. A.LAWRANCE,
... Petitioner
Vs
1. NARAYANAN CHETTIYAR,
... Respondent
2. V.VIJAYAN, S/O R.VARGHESE,
3. UNITED INDIA INSURANCE CO. LTD.,
For Petitioner :SRI.PIRAPPANCODE V.S.SUDHIR
For Respondent :SRI.JOHN JOSEPH VETTIKAD
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :22/07/2008
O R D E R
ANTONY DOMINIC, J
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W.P.(C).NO.3557/2008
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Dated this the 22nd day of July, 2008
JUDGMENT
Petitioner is aggrieved by Ext.P3 award rendered by
the MACT, Alappuzha in O.P(MV).No.1816/1999. According
to him, despite the fact that, he was not served with notice
from the Tribunal, he was declared ex-parte and
exonerating the Insurance Company, compensation was
ordered to be paid by him. It is stated that, he came to
know of the award only when revenue recovery steps were
initiated against him in November, 2007. According to the
counsel, there upon, the petitioner filed Exts.P5 and P6
applications for condonation of delay and to get the ex-parte
award set aside along with Ext.P9 to stay the operation of
the award. The complaint is that while orders are not
passed, on these applications revenue recovery action is
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continued.
2. Although notice has been issued in this writ petition,
it has been served only on respondents 2 and 3 and in so far
as the Ist respondent is concerned, notice is returned with
the endorsement ‘not known’. In the nature of the order
that I propose to pass, I do not think it necessary to keep
this writ petition pending any more.
Taking note of the facts as stated above, the writ
petition is disposed of directing that the Tribunal shall
consider and pass orders on Exts.P5 and P6 along with
Ext.P9 stay petition filed by the petitioner seeking stay.
This the Tribunal shall do as expeditiously as possible, at
any rate within 8 weeks from the date of production of a
copy of this judgment.
ANTONY DOMINIC
JUDGE
vi.
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