ICICI LOMBARD GIC LTD v. A R KUMAR @ KUMARAPPA A R
WP/8174/2025 · 2025-10-27
Suraj Govindaraj
body2025
DailyLaw.ai
[ 2025 DAILYLAW 49026 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 49026 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:42919 WP No. 8174 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 8174 OF 2025 (GM-AC) BETWEEN:
ICICI LOMBARD GIC LTD NO. 121, THE ESTATE BUILDING.
9TH FLOOR, DICKENSON ROAD.
M.G. ROAD, BANGALORE-5600042 REP. BY ITS LEGAL MANAGER.
COMPANY IS REGISTERED UNDER COMPANY ACT 1956.
…PETITIONER (BY SRI. PRADEEP B., ADVOCATE)
AND:
1.
A R KUMAR @ KUMARAPPA A R KUMARAPPA A.R., AGED ABOUT 42 YEARS, R/AT NO. 01/3, 6TH CROSS, GANGONDANAHALLI MAIN ROAD, NALAGADARANAHALLI, NAGASANDRA POST, BENGALURU - 560073
PERMANENT ADDRESS oPP GRAMA PANCHAYITHI, ANTHARAGATTE, CHIKKAMAGALUR-577547.
2.
SUJITH KUMAR GUPTHA, S/O. SHYAMADEV RASAD GUPTHA, NO. 28/1, 4TH CROSS, MANORAYANAPALYA, R.T. NAGAR, ANTHONY GENERAL STORE, BENGALURU - 560032.
Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:42919 WP No. 8174 of 2025
…RESPONDENTS (BY SRI. D. NAGARAJA., ADVOCATE FOR R1)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A APPROPRIATE WRIT OR ORDER TO QUASH THE ORDER AS PER ANNEXURE-F DATED 28-11-2024 PASSED BY THE COURT OF THE 1ST ADDL. JUDGE AND ACJM ON APPLICATION BEARING NO.1/2025 FILED UNDER SECTION 5 OF LIMITATION ACT AS PER ANNEXURE -B AND NO.2/2025 FILED UNDER APPLICATION UNDER SECTION 166(3) MV (AMENDMENT) ACT 2019, R/W SECTION 151 OF THE CPC AS PER ANNEXURE-D IN MVC NO. 3147/2023 AND ETC.
THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
ORAL ORDER
1. The petitioner is before this Court seeking for the following reliefs: i. Issue appropriate writ or order to quash the order as per Annexure-F dated 28-11-2024 passed by the Court of the 1st Addl. Judge & ACJM on application bearing No.1/2025 filed under Section 5 of Limitation Act as per Annexure 'B' and No.2/2025 filed under application under Section 166(3) MV (Amendment) Act 2019, r/w Section 151 of the CPC as per Annexure-D in MVC No. 3147/2023.
ii. Allow the application filed by the 1st Respondent under section 5 of the Limitation Act as per Annexure-B and hold that claim petition as per Annexure-A is maintainable.
iii. Pass such other Writ or Order or Orders is this Hon'ble Court deems fit, under the facts and circumstances of the case, in the interest of justice and equity.
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HC-KAR NC: 2025:KHC:42919 WP No. 8174 of 2025
2.
Learned counsel submits that the Tribunal has already passed the Judgment in the matter.
3. In that view of the said submission, reserving liberty to the petitioner to challenge the same, the petition stands disposed.
SD/- (SURAJ GOVINDARAJ) JUDGE
LN List No.: 1 Sl No.:115.36