High Court Kerala High Court

Wing Commander.A.Abraham vs Commander Benny M.Antony on 4 July, 2008

Kerala High Court
Wing Commander.A.Abraham vs Commander Benny M.Antony on 4 July, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 19368 of 2008(E)


1. WING COMMANDER.A.ABRAHAM, FLAT NO.2B,
                      ...  Petitioner

                        Vs



1. COMMANDER BENNY M.ANTONY, FLEET
                       ...       Respondent

2. M/S.VILAS CONSTRUCTIONS, PUSHPANJALI,

3. MRS.SUKUMARI MURALIDHARAN, PARTNER,

4. MUHAMMED, ALI,S/O.HAMSA,

5. UNNIAN HAJI, S/O.ALAVI HAJI AL-AKBAR

6. INDUSIND BANK, M.G.ROAD, COCHIN-682035-

7. THE KERALA STATE CONSUMER DISPUTES

                For Petitioner  :SRI.N.N.SUGUNAPALAN (SR.)

                For Respondent  : No Appearance

The Hon'ble MR. Justice S.SIRI JAGAN

 Dated :04/07/2008

 O R D E R
                              S. Siri Jagan, J.
               =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-=
                      W. P (C) No. 19368 of 2008
               =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=
                   Dated this, the 4th     July, 2008.

                             J U D G M E N T

Adv. Sri. S.P. Chaly appears for the 1st respondent and opposes

the prayers in the writ petition. In view of the fact that the 1st

respondent is the person who is really affected by the reliefs sought

for in this writ petition, I do not think it necessary to issue notice to

the other respondents.

2. The petitioner challenges the order of the State Consumer

Disputes Redressal Commission dismissing an application filed by the

petitioner to implead him in the proceedings in E.P.No. 5/2007 in

O.P.No. 67/2000. The petitioner was not a party to the O.P. before

the Commission. However, in the E.P., according to the petitioner,

money in the hands of a garnishee to which the petitioner and others

were also entitled to, was sought to be recovered by the 1st

respondent in excess of his entitlement. The contention of the

petitioner is that the amount at the hands of the garnishee is

supposed to be distributed proportionately to all the allottees of flats.

If the entire decree amount is adjusted from the amount with the

garnishee, the amounts due to other allottees of flats would be

considerably reduced and the 1st respondent would get an undue

advantage. Therefore, according to the petitioner, he is a necessary

party to the E.P in so far as money due to him and other allottees is

also being proceeded against for payment to the 1st respondent.

However, his application for impleading in the E.P has been dismissed

on the ground that the petitioner is a stranger to the proceedings .

3. I have considered the arguments of learned counsel for the

1st respondent also.

4. I am of opinion that in the circumstances stated above, the

petitioner is a necessary party in the E.P although the petitioner was

not a party in the O.P, in which the decree has been passed, which is

W.P.C. No. 19368/2008 -: 2 :-

sought to be executed in the E.P. Therefore, Ext. P6 order of the 7th

respondent is quashed. It is directed that the petitioner be

impleaded in the E.P and the E.P be proceeded with after hearing the

petitioner also. The writ petition is disposed of as above.

S. Siri Jagan, Judge.

Tds/