IN THE HIGH COURT OF KERALA AT ERNAKULAM
SUSHRUT ARVIND DHARMADHIKARI, P. V. BALAKRISHNAN, JJ
SBI GENERAL INSURANCE COMPANY LTD. – Appellant
Versus
BABY. M.T. – Respondent
| Table of Content |
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| 1. jurisdiction of the district commission was challenged. (Para 1 , 2) |
JUDGMENT Sushrut Arvind Dharmadhikari, J.
This appeal has been filed with a delay of 24 days. Having perused the reasons stated in the affidavit filed in support of the application to condone the delay, we are satisfied that sufficient cause has been made out to condone the delay. Hence, C.M.Appl. No.1 of 2025 to condone the delay is allowed.
2. The present intra-court appeal under Section 5 of the Kerala High Court Act , 1958 assails the judgment dated 23.08.2025 passed in WP(C) No.30770/2025 filed by the appellant whereby the Writ Petition has been dismissed without entering into the merits of the case and only in respect of the jurisdiction of the District Commission to entertain the complaint.
Facts:-
3. The brief facts of the case are that the 1st respondent/complainant’s vehicle was detained by the Kerala State Electricity Board Ltd, ie,. the 2nd respondent herein. In order to get the vehicle released, he was compelled to pay the amount as claimed, ie, Rs.68,437/-. The 1st respondent approached the appellant seeking re-
imbursement of the said amount as the vehicle was covered with an insuranc
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