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2007 DIGILAW 309 (KER)

Prabhavathi v. National Insurance Co. Ltd.

2007-05-30

S.SIRI JAGAN

body2007
Judgment :- S. Siri Jagan, J. Petitioners grievance in this Writ Petition is that the Motor Accidents Claims Tribunal, Palakkad is not accepting the execution petition in OP(MV) 1116/1991 for want of no objection certificate from the counsel formerly appearing in the OP(MV). There is no law which requires either the very same advocate who appeared in the original proceeding’s to file execution petition also or requiring no objection certificate of the original counsel for the purpose of filing execution petition. That being so, the Motor Accidents Claims Tribunal ought to have accepted the execution petition on file without insisting on a no objection certificate from the former counsel. Accordingly, there will he a direction to the MAC I, Palakkad to receive the execution petition in OP(MV) No. 1116/91 filed by the petitioner without insisting on a no objection certificate from the former counsel. The Writ Petition is disposed of as above.