High Court Kerala High Court

The General Manager vs P.P.Mariyan on 24 June, 2010

Kerala High Court
The General Manager vs P.P.Mariyan on 24 June, 2010
       

  

  

 
 
  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.
                   ------------------------------
                   W.P.(C) No.19781 OF 2010
                   -------------------------------
             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

W.P.(c)No.19781/10 2

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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