IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 11TH OCTOBER 2011 / 19TH ASWINA 1933 WP(C).No. 25519 of 2011(L) -------------------------- PETITIONER(S): ----------------------- CORPORATION BANK, CHETTICKAD BRANCH, ALAPPUZHA DISTRICT REP. BY ITS MANAGER, MOHANAN SIVARAMA PILLAI, S/O.SIVARAMA PILLAI, AGED 54 YEARS. BY ADV. M/S.VARGHESE & JACOB SRI.VIVEK VARGHESE P.J. SRI.VARUGHESE M EASO SRI.P.J.VINOD JOSEPH RESPONDENT(S): ------------------------ 1. MR.VARGHESE.A.G, AGED 55, S/O.LATE GABRIEL, ARATTUKULANGARA, OMANAPUZHA, PATHIRAPPALLY VILLAGE, ALAPPUZHA-688 521. 2. THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA-688 001. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.25519/11 APPENDIX PETITIONER'S EXHIBITS EXHIBIT P1- TRUE COPY OF COMPLAINT IN CC NO.236/10 DATED 24.9.2010 OF CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA. EXHIBIT P2- TRUE COPY OF VERSION FILED BY THE PETITIONER IN CC NO.236/10 DATED 3/1/11 OF CONSUMER DISPUTES REDERESSAL FORUM, ALAPPUZHA. EXHIBIT P3- TRUE COPY OF CLOSURE NOTICE DATED 4.10.10 ISSUED BY THE BANKING OMBUDSMAN. EXHIBIT P4- TRUE COPY OF PLAINT IN OS NO.271/10 DT.19.7.2010 BEFORE THE SUB COURT, ALAPPUZHA. EXHIBIT P5- TRUE COPY OF PROOF AFFIDAVIT DATED 18.5.2011 FILED BY THE RESPONDENT BEFORE CONSUMER DISPUTES REDERESSAL FORUM, ALAPPUZHA IN CC NO.236/10. EXHIBIT P6- TRUE COPY OF THE PETITION DATED 6.7.11 BY THE PETITIONER BEFORE CONSUMER DISPUTES REDERESSAL FORUM, ALAPPUZHA IN CC NO.236/10. EXHIBIT P7-TRUE COPY OF PROOF AFFIDAVIT DT.6.7.11 BY THE PETITIONER BEFORE CONSUMER DISPUTES REDERESSAL FORUM, ALAPPUZHA IN CC NO.236/10. RESPONDENTS' EXHIBITS : NIL //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NO. 25519 OF 2011 ===================== Dated this the 11th day of October, 2011 J U D G M E N T The case of the petitioner is that, he is the 1st respondent in CC No.236/2010 before the CDRF, Alleppey. It is stated that, on 15/6/11, complainant was absent for cross examination and the petitioner, the respondent before the CDRF, was asked to file proof affidavit. It is stated that, at that stage, petitioner submitted Ext.P6 application seeking an order permitting them to cross examine the complainant on the assertions made on the proof affidavit filed by him. It is stated that, that request was not allowed, and on the other hand, the case was posted to 27/9/11 for the cross examination of the respondent. It was thereupon that this writ petition was filed. 2. Today when the matter was taken up, learned counsel for the petitioner submits that, on 27/9/11, the case was adjourned and the matter now stands posted to 15/10/2011 and that even now orders have not been passed on Ext.P6 application. Therefore, at this stage, it is unnecessary to keep this writ petition pending and all that is required is that the CDRF, Alleppey should WPC No. 25519/11 :2 : consider Ext.P6 application dated 6/7/11 filed by the petitioner seeking permission to cross examine the complainant. It is directed that if orders have not been passed so far on the said application, the application shall be considered in accordance with law and orders shall be passed on 15/10/11 or any day thereafter. 3. Petitioner to produce a copy of this judgment before the CDRF, Alleppey for compliance. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp