Kerala High Court
WP(C)/38220/2016 of JUNAID Vs THE NATIONAL INSURANCE COMPANY LTD. on 28 December 2018
COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE FRIDAY , THE 28TH DAY OF DECEMBER 2018 / 7TH POUSHA, 1940 WP(C).No. 38220 of 2016 PETITIONER/S: JUNAID, S/O. LIYAKATH ALI, ARABIKUNNUMMAL HOUSE, CHEERAKUZHI, PULLIPADAM. P.O., NILAMBUR TALUK, MALAPPURAM DISTRICT.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
FRIDAY ,THE 28TH DAY OF DECEMBER 2018 / 7TH POUSHA, 1940
WP(C).No. 38220 of 2016
PETITIONER/S:
JUNAID, S/O. LIYAKATH ALI, ARABIKUNNUMMAL HOUSE, CHEERAKUZHI, PULLIPADAM. P.O., NILAMBUR TALUK, MALAPPURAM DISTRICT.BY ADV. SRI.K.RAKESH
RESPONDENT/S:
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28.12.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ajt
JUDGMENT
The petitioner is faced with revenue recovery proceedings, approached this court. Revenue recovery proceedings isinitiated on behalf of the 1[st] respondent to recover the theamount paid by them, satisfying the MACT award.
2. The learned counsel for the 1[st] respondent insurancecompany opposed.
Having considered the submission, the petitioner is permitted to discharge the entire liability in 12 monthlyinstalments, starting 05.01.2019 followed by every month.Consequent upon default in payment of any of the instalments,this facility would stand forfeited and recovery proceedings canbe initiated in accordance with law.
The writ petition is disposed of accordingly.
Sd/-
A.MUHAMED MUSTAQUE
JUDGE
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1.
COPY OF THE AWARD IN OP(MV) 935/2012 OF THEMACT MANJERI DATED 30.10.15.
EXHIBIT P2.
COPY OF THE ORDER IN IA 444/2016 IN OP(MV) 935/2012 DATED 3.2.16 OF THE MACT MANJERI.
EXHIBIT P3.
COPY OF THE REVENUE RECOVERY NOTICE ISSUED TO THE PETITIONER BY THE 2ND RESPONDENT DATED 8.11.16.
RESPONDENT(S)' EXHIBITS: NIL
//TRUE COPY //
P.A. TO JUDGE
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