IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 8TH APRIL 2008 / 19TH CHAITHRA 1930 WP(C).No. 11923 of 2008(T) ---------------------------------------- PETITIONER: -------------------- MOIDUNNI, S/O. MUHAMMED, ARAKKAL HOUSE, PERUMMANOOR P.O., CHALISSERY, KOTTANAD, OTTAPPALAM TALUK, PALAKKAD DISTRICT. BY ADV. SRI.P.VIJAYA BHANU SRI.M.GEORGE THOMAS RESPONDENT: ----------------------- AHAMMEDUNNI, S/O. MANATTIL ALI, KAVUKODE, OTTAPPALAM, PALAKKAD. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/04/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss ANTONY DOMINIC, J. ------------------------------------ W.P.(C) 11923 of 2008 ------------------------------------- Dated: APRIL 8, 2008 JUDGMENT Petitioner was the opposite party before the District Consumer Disputes Redressal Forum, Palakkad in C.C. No.107/2005. The complaint was decided against him by Ext. P1 order. Challenging the same, he filed appeal, but, however, without success. 2. It is stated that he received the order only on 14.02.2008. According to the petitioner he wants to pursue the matter in appeal before the National Commission and therefore the warrant of arrest now ordered by the Palakkad Commission should be deferred to enable him to approach the National Commission. 3. This is a case where neither the complainant nor the witnesses, including the expert witness, were examined by the petitioner. 4. Since the statutory remedy of appeal is available and as the petitioner submits that he wants to pursue the matter, I direct that the warrant of arrest ordered by the CDRF in C.C. No.107/2005 WP(C) 11923/08 Page numbers be deferred for a period of 4 weeks on condition that the petitioner remits 50% of the amount within one week from today. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE mt/-