IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 25TH AUGUST 2011 / 3RD BHADRA 1933 WP(C).No. 23204 of 2011(A) -------------------------- PETITIONER(S): --------------- MANAGER, CANARA BANK, BOAT JETTY ROAD, ALAPPUZHA. BY ADV. SRI.R.AZAD BABU RESPONDENT(S): --------------- KUNJUMON, S/O.KARUTHA, KANNATTUCHIRA, ATTUVATHALA, KAINAKARY P.O., ALAPPUZHA-688501. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 23204 of 2011(A) APPENDIX PETITIONER'S EXHIBITS : EXT.P1 : COPY OF THE COMPLAINT C.C.NO.70/2011 DTD.28.2.2011 EXT.P2: COPY OF THE VERSION FILED BY THE PETITIONER DTD.27.6.2011 EXT.P3: COPY OF THE STATEMENT OF ACCOUNT IN RELATION TO THE LOAN ACCOUNT OF THE RESPONDENT. EXT.P4: COPY OF THE PETITION DTD.27.6.2011 EXT.P5: COPY OF THE I.A.NO.48/2011 FILED BY THE PETITIONER BEFORE THE CDRF EXT.P6: COPY OF THE ORDER DTD.5.3.2011 PASSED BY THE CDRF IN I.A.NO.48/2011 RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.S TO JUDGE ab ANTONY DOMINIC, J. ---------------------------------------------------- W.P.(C) No. 23204 OF 2011 ----------------------------------------------------- Dated this the 25th day of August , 2011 J U D G M E N T Ext.P1 is a complaint filed by the first respondent before the Consumer Disputes Redressal Forum, Alappuzha which was taken on file C.C.70/2011. In that application the petitioner has filed its objection and also filed Ext.P4 application for deciding the maintainability of the complaint as a preliminary issue. 2. The grievance of the petitioner is that keeping their request for deciding the maintainability of the preliminary issue, Ext.P6 order has been passed, restraining the petitioner from initiating proceedings for recovery of the amount from the first respondent. It is with this complaint, challenging Ext.P6 the writ petition is filed. 3. Learned counsel for the petitioner relied on the W.P.(C) No. 23204 OF 2011 :2 : judgment of this court in Punjab National Bank v. Consumer Disputes Redressal Forum(2011 (3) KLT 616) to contend that the complaint itself is not maintainable. 4. First of all Ext.P6 is an appealable order and therefore it was for the petitioner to seek appellate remedies. 5. Even otherwise, now that the application filed by the petitioner raising the preliminary question of maintainability is pending, I dispose of the writ petition directing that the first respondent shall pass orders on Ext.P4 application with notice to the parties. This shall be done as expeditiously as possible at any rate within six weeks from the date of receipt of a copy of this judgment along with a copy of this writ petition. It is also made clear that the contentions raised by the petitioner in this writ petition on merits are left open. ANTONY DOMINIC, JUDGE ul/-