SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2026 Supreme(Online)(Ker) 3435

IN THE HIGH COURT OF KERALA AT ERNAKULAM
HARISANKAR V. MENON, J
ADMINISTRATOR, M/S. AMRITHA VIDYALAYAM – Appellant
Versus
TAHSILDAR (RR), KANAYANNUR TALUK – Respondent
WP(C) NO. 11832 OF 2023



Advocates:
For the Appellants/Petitioners: SRI.G.HARIHARAN, SRI.PRAVEEN.H, SMT.K.S.SMITHA, SRI.V.R.SANJEEV KUMAR, SRI.GENTLE C.D, SRI.BIJOY SAM GEORGE
For the Respondents: SRI.P.G.JAYASHANKAR, SMT.P.K.RESHMA, SRI.S.RAJEEV, SMT.SAJANA V.H, SMT.VINITHA S.T., SMT.RUBY K. ROY, SRI.GEORGE A.CHERIAN, SRI.SHAIJU GEORGE, SRI.C.K.KARUNAKARAN, SMT.S.L.SYLAJA

The court allows interim protection against coercive proceedings related to an ex-parte award, pending appeal for further relief.

Headnote:This writ petition challenges the coercive proceedings initiated to realise an ex-parte award by the Principal Motor Accidents Claims Tribunal. The petitioner previously filed M.A.C.A. No.1187 of 2023 seeking interim protection. As a result, the court permits continued interim protection while the petitioner seeks appropriate orders in the appeal. The decision is without prejudice to the petitioner's rights in the pending appeal.

Table of Content
1. petitioner challenges the ex-parte award. (Para 1 , 2)
2. court allows interim protection pending appeal. (Para 3)

J U D G M E N T

The petitioner has suffered an ex-parte award, as evidenced by Ext.P2, passed by the Principal Motor Accidents Claims Tribunal, Kozhikode. The captioned writ petition has been filed seeking to challenge the coercive proceedings initiated for realisation of the award amount. This Court, while admitting the writ petition, by an order dated 31.03.2023, directed the 4th respondent – Bank to permit the petitioner to operate the account after withholding the award amount of Rs.8,62,756/-.

2. I have heard Sri.G.Hariharan, the learned counsel for the petitioner, Sri.P.G.Jayashankar, the learned counsel for the insurance company, and Sri.C.K.Karunakaran, the learned counsel for the 4th respondent – Bank.

3. This Court notices that, as against the ex-parte award, the petitioner has already instituted M.A.C.A. No.1187 of 2023. In that view of the matter, it is for the petitioner to obtain interim protection in the afore M.A.C.A., as regards the steps for realisation of the award amount.

In such circumstances, I dispose of this writ petition, without prejudice to the right of the petitioner to move for interim protection in the afore M.A.C.A. So as to facilitate the petitioner in obtaining appropriate orders in the M.A.C.A., the interim protection granted by this Court on 31.03.2023 shall continue for a period of three weeks.

Sd/-

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top