Kerala High Court
New India Assurance Co. Ltd vs Smm Steel Rerolling Mills Pvt. Ltd on 15 July, 2025
2025:KER:52145
WPC.No.17761/25 & 17866/25 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
TUESDAY, THE 15TH DAY OF JULY 2025 / 24TH ASHADHA, 1947
WP(C) NO.17761 OF 2025
PETITIONER:
NEW INDIA ASSURANCE CO. LTD.,
DIVISIONAL OFFICER, R.S. PURAM, COIMBATORE, TAMIL
NADU REP BY THE AUTHORISED SIGNATORY, ASST.
MANAGER, REGIONAL OFFICE, KOCHI, PIN - 68201.
BY ADVS.
SHRI.RAJAN P.KALIYATH
SMT. SHEEJA P.D.
RESPONDENT:
SMM STEEL REROLLING MILLS PVT. LTD.,
REP BY THE EXECUTIRE DIRECTOR, SRI MUHAMMED ASLAM
M.A. S/O.ABDUL KHADAR AGED 29 YEARS, MUNDETH
HOUSE, KALADY P.O., KALADY, ERNAKULAM DISTRICT,
PIN - 683 574.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 15.07.2025, ALONG WITH WP(C).17866/2025, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:52145
WPC.No.17761/25 & 17866/25 2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
TUESDAY, THE 15TH DAY OF JULY 2025 / 24TH ASHADHA, 1947
WP(C) NO. 17866 OF 2025
PETITIONER:
NEW INDIA ASSURANCE CO. LTD.,
DIVISIONAL OFFICER, R.S.PURAM, COIMBATORE, TAMIL
NADU REPBY THE AUTHORISED SIGNATORY, ASST.
MANAGER, REGIONAL OFFICE, KOCHI, PIN - 686 608.
BY ADVS.
SHRI.RAJAN P.KALIYATH
SMT. SHEEJA P.D.
RESPONDENT:
PARAGON STEELS PVT. LTD.,
REGISTERED OFFICE, KANJIKODE, PALAKKAD REP BY ITS
EXECUTIVE DIRECTOR, MUHAMMED ASLM M.A. S/O. ABDUL
KHADER, MUNDETG GIYSEM KALADY P.O., KALADY,
ERNAKULAM DISTRICT, KERALA, PIN - 683 574.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 15.07.2025, ALONG WITH WP(C).17761/2025, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:52145
WPC.No.17761/25 & 17866/25 3
JUDGMENT
[WP(C) Nos.17761/2025, 17866/2025] These writ petitions were submitted by the petitioners who were opposite parties in the respective complaints before the Consumer Disputes Redressal Commission, Palakkad, being aggrieved by the rejection of the applications submitted by the petitioners for amending their versions.
Today when the matter came up for consideration, it is pointed out that, the complaints in which those applications were filed are already disposed of by the District Commission and therefore, petitioners seek permission to withdraw these writ petitions to enable them to challenge the said orders.
In such circumstances, these writ petitions are dismissed as withdrawn without prejudice to the right of the petitioners to raise challenge against the orders passed by the District Commission and to enable the petitioner to do the same, all the contentions raised in these writ petitions are kept open.
Sd/-
ZIYAD RAHMAN A.A. JUDGE DG/15.7.25 2025:KER:52145 WPC.No.17761/25 & 17866/25 4 APPENDIX OF WP(C) 17866/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE COMPLAINT IN CC/2/2023 BEFORE THE DCDRC, PALAKKAD.
Exhibit P2 TRUE COPY OF THE COMPLAINT IN CC NO.
3/2023 BEFORE DCDRC, PALAKKAD. Exhibit P3 TRUE COPY OF THE WRITTEN VERSION FILED IN CC/2/2023 OF DCDRC, PALAKKAD. Exhibit P4 TRUE COPY OF THE WRITTEN VERSION FILED IN CC NO.3/2023 OF DCDRC, PALAKKAD. Exhibit P5 TRUE COPY OF THE POLICY NO.72010011170100000189 FOR TJHE PERIOD 2.11.2017 TO 1.11.2018 ISSUED TO THE RESPONDENT Exhibit P6 TRUE COPY OF THE POLICY NO 7201001 1170100000154 Exhibit P7 TRUE COPY OF THE IA NO.361/2023 IN CC NO. 2/2023 BEFORE THE DCDRC, PALAKKAD. Exhibit P8 TRUE COPY OF THE IA NO. 360/2023 IN CC NO. 3/2023 BEFORE THE DCDRC, PALAKKAD Exhibit P9 TRUE COPY OF THE ADDITIONAL VERSION IN CC NO.2/2023 BEFORE THE DCDRC, PALAKKAD Exhibit P10 TRUE COPY OF THE ADDITIONAL VERSION IN CC NO. 3/2023 BEFORE THE DCDRC, PALAKKAD Exhibit P11 TRUE COPY OF THE ORDER DATED 24.7.2023 IN IA NO. 361/2023 IN CC NO. 2/2023 OF DCDRC. PALAKKAD.
Exhibit P12 TRUE COPY OF THE ORDER DATED 24.7.2023 IN IA NO. 360/2023 IN CC NO.3/2023 OF DCDRC, PALAKKAD.
Exhibit P13 TRUE COPY OF THE REVISION PETITION NO.81/2023 BEFORE THE KSCDRC, THIRUVANANTHAPURAM.
Exhibit P14 TRUE COPY OF THE REVISION PETITION NO.79/2023 BEFORE THE KSCDRC, THIRUVANANTHAPURAM.
Exhibit P15 TRUE COPY ORDER DATED 12.8.2024 IN RP
NO. 81/2023 OF THE KSCDRC,
THIRUVANANTHAPURAM.
2025:KER:52145
WPC.No.17761/25 & 17866/25 5
Exhibit P16 TRUE COPY OF THE ORDER DTD. 12.8.2024 IN
RP NO. 79/2023 OF THE KSCDRC AGAINST EXHIBIT P12 ORDER Exhibit P17 TRUE COPY OF THE REVISION PETITION WITH FILING NO.40216/NCDRC/2024-RP Exhibit P18 TRUE COPY OF OF THE REVISION PETITION WITH FILING NO.40217/NCDRC/2024-RP AGAINST EXHIBIT P16 Exhibit P19 THE TRUE COPY OF THE COMMON ORDER DATED 14.1.2025 OF THE NCDRC, IN FILING NO.40216 & 40217/NCDRC/2024-RP 2025:KER:52145 WPC.No.17761/25 & 17866/25 6 APPENDIX OF WP(C) 17761/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE COMPLAINTS CC 12/2023 DISTRICT CONSUMER DISPUTES REDRESSDA; COMMISSION, PALAKKAD.
Exhibit P2 A TRUE COPY OF THE STANDARED FIRE AND SPECIAL PERILS POLICY Exhibit P3 TRUE COPY OF THE WRITTEN VERSION FILED IN CC NO. 12/2023 OF DCDRC., PALAKKAD. Exhibit P4 TRUE COPY OF THE INTERLOCUTORY APPLICATIONS NO. 362/2023 IN CC NO.12/2023 OF DCDRC, PALAKKAD. Exhibit P5 TRUE COPY OF THE ADDITIONAL WRITTEN VERSION FILED IN CC NO.12/2023 OF DCDRC, PALAKKAD.
Exhibit P6 TRUE COPY OF THE ORDER OF THE DCDRC DATED 24.07.2023 IN IA NO. 362/2023 IN CC NO.12/2023 OF DCDRC, PALAKKAD Exhibit P7 TRUE COPY OF THE REVISION PETITION NO.80/2023 OF KSCDRC, THIRUVANANTHAURAM.
Exhibit P8 TRUE COPY OF THE ORDER DATED 12.8.2024
IN RP NO. 80/.2023, OF KSCDRC,
THIRUVANANTHAPURAM.
Exhibit P9 TRUE COPY OF THE RP FILING NO.
40216/NCDRC/2024-RP OF NCDRC, NEW DELHI. Exhibit P10 TRUE COPY OF THE COMMON ORDER DATED 14.1.2025 IN 40216/NCDRC/2024-OF THE NCDRC , NEW DELHI