IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 26471 of 2007(B)
1. SARADA, AGE 57, W/O.UNNI NAIR,
... Petitioner
2. SUSAN CHERIYAN, AGED 54, W/O.CHERIYAN,
Vs
1. THE CONSUMER DISPUTES REDRESSAL FORUM,
... Respondent
2. T.B.BRINCY, CHUNGATH HOUSE,
For Petitioner :SRI.K.N.PADMAKUMAR
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :05/09/2007
O R D E R
ANTONY DOMINIC, J.
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W.P.(C) No. 26471 OF 2007 B
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Dated this the 5th September, 2007
J U D G M E N T
The prayer in this writ petition is to quash the
proceedings initiated against the petitioners pursuant
to Ext. P1 award of the 1st respondent and Ext. P2, the
application filed for execution of the said award. It
is stated that warrant of arrest has been issued
against the petitioners. While they have not filed any
appeal against Ext. P1 and have allowed the award to
become final, the contention now raised is that there
are other partners in the firm and that they alone are
liable to satisfy the award amount. In view of the
terms of the award and the admitted fact that the
petitioners are also partners, the said contention of
the petitioners cannot be accepted. Therefore, I do
not find any irregularity in the action taken by the 1st
respondent to execute the award.
2. Be that as it may, in my view the petitioners
should be given a chance to avoid arrest and detention.
Accordingly, I direct that the warrant of arrest issued
WPC No. 26471/07 -2-
against the petitioner shall not be enforced as against
the petitioners on the petitioners remitting 50% of the
amount due under Ext. P1 within three weeks from today.
The balance amount shall be payable in two equal
monthly instalments thereafter. The fifty percent,
ordered above, shall be paid by the petitioners on or
before 26-9-2007 and the remaining two instalments
shall be paid on or before 26-10-2007 and 26-11-2007.
3. If default is committed in paying any one of
the instalments further action pursuant to the warrant
of arrest can be continued. On the other hand, if
payment is made as above, satisfaction of the award
shall be recorded and the petitioners shall be
discharged of the liabilities.
The writ petition is disposed of as above.
ANTONY DOMINIC
JUDGE
jan/-