M/S.New India Assurance Company Ltd vs K.O.Varghese
2024 Latest Caselaw 13616 Ker

Kerala High Court

M/S.New India Assurance Company Ltd vs K.O.Varghese on 27 May, 2024

Author: P Gopinath

Bench: P Gopinath

W.P.(C)No.22407/2016                     1

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
            THE HONOURABLE MR. JUSTICE GOPINATH P.
  MONDAY, THE 27TH DAY OF MAY 2024 / 6TH JYAISHTA, 1946
                       WP(C) NO. 22407 OF 2016
PETITIONER/S:

           M/S.NEW INDIA ASSURANCE COMPANY LTD
           REGIONAL OFFICE, M.G. ROAD, ERNAKULAM REP. BY
           ITS MANAGER, SARASWATHY BALACHANDRAN

           BY ADVS.
           SRI.A.A.ZIYAD RAHMAN
           SRI.LAL K.JOSEPH
           SRI.V.S.SHIRAZ BAVA
           SRI.M.B.SOORI



RESPONDENT/S:

    1       K.O.VARGHESE
            S/O OUSEPH, KAIPARAMBATU HOUSE, KHANNA NAGAR,
            NEAR ATTAPADAM, THRISSUR, PIN-680 309

    2       THE CONSUMER DISPUTES REDRESSAL FORUM
            ERNAKULAM, KATHRIKADAVU, COCHIN-682 017, REP.
            BY ITS CHAIRMAN

            SMT. THUSHARA JAMES


        THIS   WRIT    PETITION   (CIVIL)    HAVING   COME   UP    FOR
ADMISSION      ON   27.05.2024,   THE    COURT   ON   THE   SAME   DAY
DELIVERED THE FOLLOWING:
 W.P.(C)No.22407/2016                   2

                          JUDGMENT

This writ petition was filed seeking stay of execution

proceedings before the Consumer Disputes Redressal Forum,

Ernakulam in C.C.No.262/2015.

2. When this matter is taken up for consideration today

(27.5.2024), it is the submission of the learned counsel appearing

for the petitioner that the order in C.C.No262/2015 was

challenged in an appeal and the order was set aside and the

matter is now remanded back for fresh consideration.

In the light of the above, nothing further survives for

consideration. The writ petition is accordingly closed.

GOPINATH P. JUDGE acd

APPENDIX OF WP(C) 22407/2016

PETITIONER EXHIBITS

P1 TRUE COPY OF THE POLICY SCHEDULE CUM CERTIFICATE OF INSURANCE DATED 31.03.2014

P1(A) TRUE COPY OF THE TERMS AND CONDITIONS OF THE POLICY

P2 TRUE COPY OF THE COMMUNICATION DATED 14.08.2014

P3 TRUE COPY OF THE COMPLAINT NUMBERED AS C.C.262/15 DATED 21.04.2015

P4 TRUE COPY OF THE ORDER DATED 24.08.2015, IN C.C. 262/2015 PASSED BY THE 2ND RESPONDENT

P5 TRUE COPY OF THE NOTICE DATED 16.03.2016 IN E.A.8/2016 IN