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IN THE HIGH COURT OF KERALA AT ERNAKULAM RP No. 854 of 2007() 1. THE REGIONAL DIRECTOR, ... Petitioner 2. THE RECOVERY OFFICER, Vs 1. M/S.HOTEL SAYANA, MUVATTUPUZHA, ... Respondent For Petitioner :SRI.T.P.M.IBRAHIM KHAN, SC, ESI CORPN. For Respondent :SRI.B.KRISHNA MANI The Hon'ble MR. Justice P.R.RAMAN The Hon'ble MR. Justice ANTONY DOMINIC Dated :05/10/2007 O R D E R P.R.RAMAN & ANTONY DOMINIC,JJ. ------------------------------- R.P.NO.854 OF 2007 IN INSURANCE APPEAL NO.54 OF 2006 -------------------------------- Dated this the 5th day of October, 2007 O R D E R
This is a petition seeking review of the judgment rendered on
26th February, 2007 in Insurance Appeal No.54/2006. In the judgment
we noticed that pursuant to the interim order passed at the time of
admission the appellant has already paid contribution for the period in
question. In the circumstances, it was further observed that there arises
no further liability during the period in question. The respondents in
the appeal (petitioner herein) seek for a clarification that the said
observation will not extend to the recovery of interest and damages.
2. We have heard both sides.
3. Since the amount was already deposited by the appellant
pursuant to the interim order, this Court took the view that no further
amount could be claimed towards contribution from the appellant.
However, whether any statutory interest is liable to be paid by the
appellant did not come up for consideration in the appeal and as such
the said observation will not exinct the statutory liability regarding
payment of interest. However, regarding the damages, bona fide dispute
between the parties regarding the very coverage of the establishment and
such issue was finally settled by adjudication and in the peculiar facts
and circumstances of this case no question of payment of any damages
arises for the period in question.
Review Petition is disposed of as above.