IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 24TH JANUARY 2011 / 4TH MAGHA 1932 WP(C).No. 815 of 2005(V) ----------------------- PETITIONER : --------------------- THE FIELD OFFICER, M/S. ASHOK LEYLAND FINANCE LTD., DOOR NO.847 C, 2ND FLOOR, THANA, KANNUR-12, REP. BY SHRI B.M.LAKSHMANAN, EXECUTIVE LEGAL, M/S. ASHOK LEYLAND FINANCE LTD., ZONAL OFFICE, NH BYEPASS NORTH END, EDAPPALLY, ERNAKULAM. BY ADVS. SRI. C. VARGHESE KURIAKOSE SRI.PRAVEEN K. JOY SRI.JACOB SEBASTINE RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REP. BY SECRETARY, CIVIL SUPPLIES DEPT., TRIVANDRUM. 2. THE CONSUMER DISPUTES REDRESSAL FORUM, DISTRICT FORUM, KANNUR, REP. BY ITS PRESIDENT, KANNUR. 3. SHRI JOSE KARAKKUNNEL, KUDIYANMALA P.O., VIA. NADUVIL, KANNUR DISTRICT. R1 BY GOVERNMENT PLEADER SMT. NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 815 of 2005(V) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : PHOTOCOPY OF THE ORDER DATED 27.2.2004 IN O.P NO. 191/2001 ON THE FILES OF THE 2ND RESPONDENT. EXT.P2 : PHOTOCOPY OF THE APPEAL NO. 336/2004 FILED BY THE PETITIONER DATED 7-5-2003. EXT.P3 : PHOTOCOPY OF THE STAY PETITION IN APPL. 336/2004 DT. 7-7-2004. RESPONDENT'S EXHIBITS - NIL //TRUE COPY// P.S. TO JUDGE Mn T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.815/2005-V ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 24th day of January, 2011 J U D G M E N T This writ petition is filed by the petitioner seeking for a direction to keep in abeyance all execution proceedings initiated on Ext.P1 order till the State Commission is enabled to consider Ext.P2 appeal and Ext.P3 stay petition or for a reasonable period for adjudication of Ext.P2 appeal. 2. While admitting the writ petition, this Court had granted an interim stay on 10/01/2005 which was extended by six weeks on 24/01/2005. When the writ petition came up for hearing on the last occasion, the learned counsel for the petitioner sought time to get instructions with regard to the progress of the appeal. Learned Government Pleader on getting instructions from the Kerala State Consumer Disputes Redressal Commission submits that appeal No.336/2004 filed by the petitioner has been dismissed for default as per order dated 17/12/2010. Therefore, it is upto the petitioner to invoke appropriate remedies before the Commission W.P.(C). No.815/2005 -:2:- itself. Leaving open the said remedy, the writ petition is dismissed. Sd/- (T.R. Ramachandran Nair, Judge.) ms