IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 19781 of 2010(W)
1. THE GENERAL MANAGER,
... Petitioner
Vs
1. P.P.MARIYAN,
... Respondent
2. THE CONSUMER DISPUTES REDRESSAL FORUM,
For Petitioner :SRI.A.MOHAMED MUSTAQUE
For Respondent : No Appearance
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :24/06/2010
O R D E R
S. SIRI JAGAN, J.
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W.P.(C) No.19781 OF 2010
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Dated this the 24th day of JUNE, 2010
J U D G M E N T
The petitioner is the opposite party in a complaint before
the Consumer Disputes Redressal Forum, Kannur filed by the first
respondent. An order has been passed in that complaint in
favour of the first respondent. Against the same, the petitioner
filed an appeal before the State Commission which was originally
admitted and an interim stay was granted. Subsequently, the
same was dismissed on 19.2.2009 for non-prosecution. The
petitioner claims that he came to know about the dismissal of the
appeal only when the execution petition was taken up by the
CDRF in June 2010. The petitioner filed I.A.No.44/2010 in Appeal
No.533/02 before the Commission for restoration of the appeal,
which is posted to 18.8.2010 for return of notice. In the
meanwhile, the petitioner apprehends coercive proceedings in the
execution petition which stands posted to 25.6.2010. According
to the petitioner, since the restoration application is being
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considered by the Commission, further proceedings in the
execution petition may be stayed.
I am of opinion that these are all matters to be taken up
with the Commission either in the appeal in respect of which
restoration petition is pending or by filing an appeal under
Section 27A against the orders that may be passed in the
execution petition. Therefore, without prejudice to that right,
this writ petition is dismissed.
S. SIRI JAGAN, JUDGE
acd
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