National Insurance Company Ltd vs Gh. Nabi Shalla & Ors
2022 Latest Caselaw 666 j&K/2

                                                                          Sr. No. 2
                                                                          Regular Cause List
          IN THE HIGH C0URT 0F JAMMU & KASHMIR AND LADAKH
                             AT SRINAGAR

                                       OWP No. 233/2001

        National Insurance Company Ltd.                                   ...Petitioner(s)

        Through: Mr. Areeb Kawoosa, Adv.

                                               Vs.

        Gh. Nabi Shalla & Ors.                                          ...Respondent(s)

        Through: None

        CORAM:

        HON'BLE THE CHIEF JUSTICE
        HON'BLE MS. JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE
                                          ORDER

21.05.2022

1. The above writ petition which was directed against the order passed on 29th January 2000 passed by the Divisional Consumer Protection Forum, Srinagar and against the order dated 31 st May 2000 passed by the J&K State Consumer Protection Commission, awarding a certain amount in respect of the insurance policy effective from 11th December 1996 to 10th December 1997 was dismissed vide judgment and order dated 3rd February 2010.

2. It is settled law that in a deciding matter, no application can be entertained other than that of review, recall or for correction of any mistake. The respondents moved an application IA No. 213/2010 after the decision of the writ petition seeking direction upon the insurance company to deposit the awarded amount with the Registry and to disburse the same in his favour after proper identification.

3. Since the said application is not an application for review, recall or for rectification of error, it is not maintainable in law. A decided matter cannot be reopened so as to deal with applications filed subsequently.

4. Moreover, an application filed by the respondents seeking implementation of the award of the Divisional Consumer Protection MOHAMMAD ALTAF NIMA 2022.05.24 18:01 OWP I attest to the No.

integrity of this document Forum is in the nature of execution proceedings which cannot be taken up in a decided writ petition and the appropriate remedy, if any, available to the respondents is to seek its execution/implementation in the proper forum.

5. The application IA No. 213/2010 is misconceived and is rejected.

6. The Registry is directed to ensure not to list any decided petition by entertaining such an application other than that of review, recall or rectification.

                  (MOKSHA KHAJURIA KAZMI)                  (PANKAJ MITHAL)
                                 (JUDGE)                    CHIEF JUSTICE
         SRINAGAR
         21.05.2022
         Altaf




MOHAMMAD ALTAF NIMA
2022.05.24 18:01
             OWP
I attest to the       No.

integrity of this document