IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 8TH JULY 2008 / 17TH ASHADHA 1930 WP(C).No. 22721 of 2004(E) -------------------------- PETITIONERS: ------------ 1. P.B.SURENDRAN, S/O.PUNNAPPILLY VEETTIL BALAN, EDAVILANGU, KODUNGALLUR. 2. MOIDUKUNJI, KURUDANPARAMBIL HOUSE, EDAVILANGU, KODUNGALLUR. BY ADV. SRI.T.H.ABDUL AZEEZ RESPONDENTS: ------------- 1. SADANANDAN, S/O.KUNJUMANI, METHALA HOUSE, P.O.EDAVILANGU, KODUNGALLUR. 2. CONSUMER DISPUTES REDRESSAL FORUM, THRISSUR. BY ADV. SRI.C.U.SANGEETH FOR R1 SRI.T.U.ZIYAD FOR R1 SMT.RAMEENA.P.K. FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/07/2008, THE COURT, ON THE SAME DAY, DELIVERED THE FOLLOWING: PETITIONERS' EXHIBITS: W.P.C.NO. 22721/2004. --------------------------------------------------------------------- EXT.P1 PHOTO COPY OF ORDER IN O.P.NO. 1101/99. [TRUE COPY] P.S TO JUDGE. S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 22721 of 2004 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 8th July, 2008. J U D G M E N T Petitioners are the judgment debtors in O.P.No. 1101/99 on the files of the Consumer Disputes Redressal Forum, Thrissur. By Ext. P1 order dated 17-4-2000, the Janakeeya Maranananthara Sabha of which the petitioners are the office bearers and the petitioners were directed to pay a sum of Rs. 20,000/- with interest at the rate of 12% from 1-1-1999 to the 1st respondent herein, who was the petitioner in the O.P. Since the amount was not paid, the 1st respondent filed execution petition before the 2nd respondent. The 2nd respondent- Forum issued warrant of arrest against the petitioners. This is challenged in this writ petition on the ground that before issuing warrant of arrest, the petitioners were not given notice. There was an interim stay in this writ petition on condition that the petitioners pay Rs. 10,000/- which is stated to have been paid. 2. I have heard the parties. 3. Admittedly, Ext. P1 order, whereby the petitioners were directed to pay a sum of Rs. 20,000/- with interest at 12% from 1-1- 1999 to the 1st respondent, has not been challenged by the petitioners or the Sabha of which they are the office bearers and that order has become final. Therefore, the liability of the petitioners to pay that amount cannot now be disputed. That being so, the fact that the arrest warrant was issued without issuing notice to the petitioners is only a mere technicality in so far as the petitioners are bound to pay the amount. Even if notices were issued before issuing the arrest warrant, the result would have been the same in the absence of any challenge against the order. In fact, even in this writ petition, the petitioners do not challenge Ext. P1 order itself. They only challenge the arrest warrant. When the liability is not disputed, the technical contentions raised by the petitioners do not hold much water. When W.P.C. No. 22721/2004 -: 2 :- informed about the position, learned counsel for the petitioners seeks time to pay the amount due. Accordingly, the writ petition is disposed of with a direction to the petitioners to pay the balance amount due under Ext. P1 within one month from today to the 1st respondent and file a memo before the CDRF in the E.P along with acknowledgment from the 1st respondent for having received the same. The same shall be filed on or before 11-8-2008. If the petitioners do not file such a memo, the 2nd respondent shall take further proceedings by ordering arrest of the petitioners as contemplated under the Consumer Protection Act. Sd/- S. Siri Jagan, Judge. Tds/