IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 1ST NOVEMBER 2010 / 10TH KARTHIKA 1932 WP(C).No. 30350 of 2010(P) -------------------------------------- PETITIONER(S): --------------------- CHENNAYYA, AGED 40, S/O.SUBBA POOJARY, MANAGER, GURUDATTA FINANCE CORPORATION, KUMBALA BRANCH, MARKET ROAD, KUMBALA P.O., KASARAGOD. BY ADV. SMT.R.PADMAKUMARI RESPONDENT(S): ------------------------ 1. THYAMPANNA RAI, S/O.KORAGAPPA RAI, MALIGEMANE, KOTEKKAR, P.O.KUMBLA, KASARAGOD.671321 2. RAMACHENDRA RAO, S/O.KOGGU SHERVEGARA, K.K.NIVAS, SHIVA NAGAR, KANCHIKATTA, P.O.KUMBLA, KASARAGOD DISTRICT.671 321 3. S.M.RAI, PROPRIETOR, GURUDATHA FINANCE CORPORATION (R), 2ND FLOOR, HIGH LANE PLAZA, M.G.ROAD, KASARAGOD, NOW R/AT DOOR NO.202, SHAKTHI TOWER, NEAR PETROL BANK, LADYL HILL, MANGLORE THE DISTRICT EXECUTIVE OFFICER.671 032 4. THE PRESIDENT, THE KERALA STATE CONSUMER DISPUTE REDRESSAL COMMISSION, THIRUVANANTHAPURAM. 695 001 R1 & R2 BY ADV. SRI.K.SANEESH KUMAR SMT.M.LISHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO.30350/2010-P APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE ORDER IN O.P.13/2002 ON THE FILES OF THE C.D.R.F/,KASARAGOD P2 COPY OF THE ORDER IN O.P.12/2002 ON THE FILES ON THE C.D.R.F/,KASARAGOD P3 COPY OF THE JUDGMENT DT 04/07/2005 IN WP(C) NO.11759 OF 2005. P4 COPY OF THE JUDGEMENTS DT 13/08/2009 PASSED BY THE 4TH RESPONDENT IN APPEAL 777 OF 2002. P5 COPY OF THE JUDGEMENT DATED 13/08/2009 PASSED BY THE 4TH RESPONDENT IN APPEAL 778 OF 2002. P6 COPY OF THE PROCEEDINGS OF THE CDRF KASARAGOD IN E.P.72/02 & E.P.71/02. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A.TO JUDGE sts ANTONY DOMINIC, J. ``````````````````````````````````````````````````````` W.P.(C) No. 30350 of 2010 P ``````````````````````````````````````````````````````` Dated this the 1st day of November, 2010 J U D G M E N T Petitioner submits that he was the respondent in O.P.Nos.12 and 13 of 2002 before the CDRF, Kasaragod. The complaints were disposed of holding that the petitioner is liable and directing him to pay certain amounts to the third respondent. Immediately thereafter, Execution Petitions were filed for getting the orders in the aforesaid OPs executed vide E.P.Nos.71 and 72 of 2002. 2. Petitioner challenged the order of the CDRF, Kasaragod by filing appeal Nos.777 and 778 of 2002 before the State Commission. However, when the appeals were posted for hearing, there was no representation on behalf of the petitioner and as a result, the appeals were dismissed for non-prosecution. 3. Petitioner states that immediately on coming to know of the same, petitioner filed I.A.Nos.107 and 108 of W.P.(C) No.30350/10 : 2 : 2009 in appeal Nos.777 and 778 of 2002 respectively. The restoration applications are pending. In the meanwhile, the CDRF posted that Execution Petitions and on 18-09-2010, warrant of arrest has been issued against the petitioner. Petitioner states that the restoration applications are posted to 25-11-2010 for the approval of the draft notice to the third respondent, who remained ex-parte and that during the pendency of the said proceedings, warrant should not be executed. 4. I heard the counsel appearing for respondents 1 and 2. In the complaints before the CDRF, though notice was issued to the third respondent, the same has been returned with the endorsement ‘unclaimed’ and in the nature of the order which I propose to pass in the writ petition, I do not think it is necessary to await further issuance of notice and its service on the third respondent for the disposal of this writ petition. 5. Admittedly, the restoration applications filed by the W.P.(C) No.30350/10 : 3 : petitioner vide I.A.Nos.107 and 108 of 2009 in appeal Nos.777 and 778 of 2002 are pending before the State Commission. Therefore, at this state, I think it is premature to take further action based on the warrant of arrest issued by the CDRF by its order dated 18-09-2010. 6. In that view of the matter, I dispose of this writ petition, directing that the State Commission, before which the aforesaid restoration applications are pending, shall pass orders on the applications, as expeditiously as possible, on the production of a copy of this judgment. It is directed that until orders are passed on the restoration applications as above, further proceedings pursuant to warrant of arrest issued by the CDRF, Kasaragod will be kept in abeyance. 7. Having regard to the fact that the restoration applications are now posted to 25-11-2010 for the approval of draft notice to be issued to the third respondent, it is directed that once the service of the third respondent is completed, the State Commission will take all endeavour to pass orders on W.P.(C) No.30350/10 : 4 : the restoration applications, at any rate, within one month thereafter. (ANTONY DOMINIC, JUDGE) aks