The Regional Director vs M/S.Hotel Sayana on 5 October, 2007

Kerala High Court
The Regional Director vs M/S.Hotel Sayana on 5 October, 2007
       

  

  

 
 
  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

Raman, J.

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

-2-
R.P.No.854/2007

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.

Sd/-

P.R.RAMAN,
Judge.

Sd/-

ANTONY DOMINIC,
Judge.

kcv.

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