IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 24TH JUNE 2010 / 3RD ASHADHA 1932 WP(C).No. 19781 of 2010(W) ---------------------------------- PETITIONER(S): --------------- THE GENERAL MANAGER, KANNUR DISTRICT CO-OP. BANK LTD., KANNUR-1. BY ADV. MR.A.MOHAMED MUSTAQUE RESPONDENT(S): ------------------- 1. P.P.MARIYAM, W/O.ABDUL RAHIMAN, RASINAS, MANNA, P.O.CHIRAKKAL, KANNUR DISTRICT - 670011. 2. THE CONSUMER DISPUTES REDRESSAL FORUM, KANNUR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 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 W.P.(c)No.19781/10 3 W.P.(c)No.19781/10 4