LAWS(KER)-2019-7-71

BABU P. U. Vs. ABRAHAM

Decided On July 02, 2019
Babu P. U. Appellant
V/S
ABRAHAM Respondents

JUDGEMENT

(1.) The petitioner, who is the 1st respondent in O.P.(MV)No.490 of 2013 on the file of the Motor Accidents Claims Tribunal, Muvattupuzha, has filed this original petition under Article 227 of the Constitution of India seeking an order to set aside Ext.P5 order dated 21.11.2018 of the Tribunal in I.A.No.2012 of 2017 in O.P.(MV)No.490 of 2013 and to direct the Tribunal to dispose of the said interlocutory application after issuing notice to the petitioner and giving him an opportunity for settlement.

(2.) On 09.01.2019, when this original petition came up for admission, the Registry was directed to get a report from the Motor Accidents Claims Tribunal, Muvattupuzha as to whether a copy of I.A.No.2012 of 2017 in O.P.(MV)No.490 of 2013 was served on the learned counsel for the counter petitioner in that interlocutory application and also whether Ext.P5 order dated 21.11.2018 in I.A.No.2012 of 2017 is one passed after hearing the learned counsel for the counter petitioner.

(3.) Pursuant to the order dated 09.01.2019, a report dated 09.01.2019 is received from the Tribunal, wherein it has been reported that I.A.No.2012 of 2017 in O.P.(MV)No.490 of 2013 was filed on 05.08.2017 for issuance of revenue recovery certificate for realisation of the award amount from the counter petitioner (1st respondent in O.P.(MV)No.490 of 2013). Notice was not served on the learned counsel for the counter petitioner in I.A.No.2012 of 2017. On 07.08.2017, the Tribunal passed an order to issue revenue recovery certificate. As there is already an order to issue revenue recovery certificate, the learned counsel for the counter petitioner was not heard. Revenue recovery certificate was issued vide requisition No.2D18/13774/07 on 10.10.2018 and I.A.No.2012 of 2017 was closed on 21.11.2018.