IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 11TH AUGUST 2011 / 20TH SRAVANA 1933 WP(C).No. 21429 of 2011(C) -------------------------- PETITIONER(S): --------------- 1. M/S.PARTHASARATHY PROPERTIES PRIVATE LIMITED, REG OFFICE AT 35/3076 A,IST FLOOR, MADAMPIL BUILDING, THAMMANAM MAIN ROAD, PALARIVATTOM,KOCHIN 682 025. 2. M/S.PARTHASARATHY PROPERTIES PRIVATE LIMITED, REP BY ITS MANAGING DIRECTOR GIREESA KUMAR, S/O.LATE T.K.PONNAPPAN,RES AT 32/1114B, KALAVATH ROAD, EDAPPALLY SOUTH VILLAGE KANAYANNOOR,PALARIVATTOM PO, ERNAKULAM-25. BY ADV. SRI.DENIZEN KOMATH RESPONDENT(S): --------------- 1. DR.JAYAN S, S/O.SANKARA NARAYANA PILLAI, RESIDING AT MADHAVANM, THIRUVENKIDAM, GURUVAYOOR. 2. CONSUMER DISPUTES REDRESSAL FORUM, ERNAKULAM REPRESENTED BY ITS PRESIDENT. ADV. SRI.P.RAMACHANDRAN FOR R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 21429 of 2011(C) APPENDIX PETITIONER'S EXHIBITS : EXT.P1 : COPY OF THE ORDER DTD.30.9.2010 IN C.C.NO.347/2009 EXT.P2: COPY OF THE EXECUTION APPLICATION FILED BY THE RESPONDENT. EXT.P3: COPY OF THE NOTICE IN E.A. NO.27 OF 2011 IN C.C.NO.347/2009 EXT.P4: COPY OF THE IMPUGNED ORDER UNDER SECTION 25 & 27 OF THE ACT. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A TO JUDGE ANTONY DOMINIC, J --------------------------------------- W.P(C) No.21429 of 2011 ---------------------------------------- Dated this the 11th day of August, 2011. J U D G M E N T The 1st respondent filed C.C.No.347/2009 before the Consumer Disputes Redressal Forum, Ernakulam against the petitioners and another person. That case was disposed of by Ext.P1 order, directing the petitioners to refund to the complainants an amount of Rs.6,32,200/- together with interest at the rate of 12% per annum from the date of each deposit till realisation. 2. The amount was not paid and in E.A.No.27/2011 filed by the complainants, Ext.P4 order has been passed, issuing warrant of arrest against the judgment debtors. It is in these circumstances the writ petition is filed. 3. When the writ petition came up for admission, the following submission made on behalf of the petitioners was recorded by this Court. “The learned counsel submits that the petitioner is willing to pay the entire amount due to the respondent and needs only three months time for paying the W.P(C) No.21429 of 2011 2 amount in instalments”. 4. Accordingly, notice was served and the 1st respondent entered appearance and was heard. Since the request of the petitioners is only for three months time to satisfy the decree debt, the 1st respondent is agreeable for giving the petitioners that much of time. 5. Taking note of the submission so made, I dispose of this writ petition with the following directions: i) That the amount due to the 1st respondent, under Ext.P1 order of the Consumer Disputes Redressal Forum, Ernakulam, shall be paid in three equal monthly instalments. The first instalment shall be paid on or before 31.8.2011. The second and third instalments shall be paid on or before 30th of September 2011 and 10th November 2011 respectively. ii) Subject to payment as above, the warrant of arrest ordered by the Consumer Disputes Redressal Forum, Ernakulam as per Ext.P4 will W.P(C) No.21429 of 2011 3 stand stayed and if the entire amount in satisfaction of Ext.P1 is paid as above, on an application made by the petitioners, the Consumer Disputes Redressal Forum shall recall the warrant. iii) In the event any default is committed in repaying the amount as above, it will be open to the 1st respondent to bring it into the notice of the Consumer Disputes Redressal Forum and the Consumer Disputes Redressal Forum shall ensure that Ext.P4 order is implemented. ANTONY DOMINIC JUDGE ab