IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 8TH FEBRUARY 2011 / 19TH MAGHA 1932 WP(C).No. 2441 of 2011(E) ------------------------------------- PETITIONER(S): WRIT PETITIONERS ----------------------------------------------------- 1. H & R JOHNSON INDIA LTD.,14/51 F BISMI TOWER, KALLAI ROAD, KOZHIKODE-673002 AMALGAMATED WITH PRISM CEMENTS LIMITED AS PER SCHEME OF AMALGAMATION APPROVED BY HIGH COURT OF JUDICATURE, ANDHRA PRADESH, REP. BY ITS AUTHORISED SIGNATORY A.C.SANTHOSH. 2. MANAGER, ABC SALES CORPORATION, P.O.TALIPARAMBA, KANNUR. BY ADVS. SRI.SHYAM PADMAN SRI.A.RANJITH NARAYANAN SMT.M.LISHA RESPONDENT(S): -------------------------- SIBI JOSEPH(BIJU), THADATHILANKAL HOUSE, VELLAD AMSOM, DESOM, P.O.VAYATTUPARAMBA, TALIPARAMBA TALUK, PIN-670 582. R1 BY ADV. SRI.V.T.MADHAVANUNNI SRI.V.A.SATHEESH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.2441 OF 2011(E) -------------------------------------------------- Dated this the 8th day of February, 2011 J U D G M E N T Petitioners are respondents in O.P.No.120/2005 on the file of the Consumer Disputes Redressal Forum, Kannur. By Ext.P1 order, the case was disposed of with directions against the petitioners. Aggrieved by the said order petitioners filed Ext.P2 appeal accompanied by Exts.P3 and P4 applications for condonation of delay and seeking stay of Ext.P1 order. According to counsel for the petitioners, these applications are posted on 7.3.2011 for counter and hearing before the State Commission. Meanwhile coercive action was initiated by the respondents, to get Ext.P1 order executed. It is in these circumstances the writ petition has been filed. 2. Taking note of the pendency of Exts.P3 and P4 applications filed along with Ext.P2 appeal before the State Commission and also having regard to the fact that the applications are posted to 7.3.2001 for counter and hearing, I feel that it is only appropriate that further proceedings in E.A. 65/2010 filed for getting Ext.P1 order executed should remain WPC.No.2441 /2011 :2 : suspended until the matter is considered and orders are passed by the State Commission. 3. Therefore, there will be a direction to the Consumer Disputes Redressal Forum, Kannur to keep the further proceedings in E.A. No.65/2010 in O.P.NO.120/2005 in abeyance until the State Commission considers and pass order on Exts.P3 an P4. Petitioner shall produce a copy of the judgment before the Consumer Disputes Redressal Forum, Kannur for compliance. (ANTONY DOMINIC) JUDGE vi/