Nouharsha vs Reji Kuriakose
2022 Latest Caselaw 189 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
          THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
TUESDAY, THE 11TH DAY OF JANUARY 2022 / 21ST POUSHA, 1943
                     OP(C) NO. 2005 OF 2020
PETITIONER/S:

           NOUHARSHA
           AGED 49 YEARS
           PROPRIETOR,
           NOU BUILDERS, N S TOWER,
           NEAR STADIUM, PALAKKAD,
           NOW RESIDING AT NADIKAPARAMBIL,
           PARAKADAVU VILLAGE,
           ALUVA TALUK, ERNAKULAM DISTRICT.
           BY ADV T.J.LAKSHMANAN IYER


RESPONDENT/S:

    1      REJI KURIAKOSE
           S/O K T KURIAKOSE,
           KALLANANIYIL HOUSE, OLINKADAVU,
           MAGALAM DAM,
           ALATHUR TALUK,
           PALAKKAD, PIN-678541.
    2      K T KURIAKISE
           S/O THOMAS,
           KALLANANIYIL HOUSE,
           OLINKADAVU,
           MAGALAM DAM,
           ALATHUR TALUK,
           PALAKKAD, PIN-678541.

        THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
11.01.2022,    THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 O.P.(C)No.2005 of 2020              ..2..




                             A.BADHARUDEEN, J.

         ------------------------------------------------------------
                           O.P.(C)No.2005 of 2020
         ------------------------------------------------------------
             Dated this the 11th day of January, 2022

                               JUDGMENT

Heard the learned counsel for the petitioner on

admission.

2. The subject matter in this original petition

is arrest warrant issued by the Consumer Disputes

Redressal Forum, Palakkad against the petitioner who is

the judgment debtor while executing order dated

29.11.2017 passed against the petitioner directing him to

pay an amount of Rs.5,50,000/-. Thereafter, the petitioner

herein filed an Appeal No.224 of 2020 along with delay

petition for condoning delay for 344 days. On 16.12.2020,

the said appeal was dismissed. It is contended by the

petitioner herein that certified copy of the above judgment O.P.(C)No.2005 of 2020 ..3..

not obtained and therefore, appeal to the National Forum

could not be filed.

3. When the matter is taken for hearing, it is

submitted that the revision has been filed before the

National Forum and therefore, the petitioner could very

well address his grievance before the National Forum in

the revision petition. In view of the pendency of revision

petition before the proper Forum, the remedy, if any, as

canvassed now, can very well be canvassed by the

petitioner before the National Forum and therefore, the

interim stay in executing the order of the Consumer

Disputes Redressal Forum need not be interfered by this

Court. Thus, it appears that this original petition lacks

merit and the same deserves dismissal.

Accordingly, this original petition is dismissed.

Sd/-

A.BADHARUDEEN, JUDGE rkj O.P.(C)No.2005 of 2020 ..4..

APPENDIX OF OP(C) 2005/2020

PETITIONER EXHIBITS EXHIBIT P1 THE TRUE COPY OF THE EX-PARTE ORDER DATED 29.11.2007 IN CC NO.111/2016 OF THE CONSUMER DISPUTES REDRESSAL FORUM, PALAKKAD.

EXHIBIT P2 THE TRUE COPY OF THE EA NO.17/2018 FILED BY THE 1ST AND 2ND RESPONDENTS DATED 25.06.2018 BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, PALAKKAD. EXHIBIT P3 THE TRUE COPY OF THE APPEAL NO.224/2020 FILED BY THE PETITIONER HEREIN DATED 03.11.2020 BEFORE THE KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, TRIVANDRUM. EXHIBIT P4 THE TRUE COPY OF THE IA NO.47/2020 IN APPEAL NO 224/2020 FILED BY THE PETITIONER HEREIN DATED 05.11.2020 BEFORE THE KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, TRIVANDRUM.