High Court of KeralaWP(C)/11902/2013dismissed

E.C.Premlal v. Maya Vinod

2015-08-13Honourable Mr.Justice K.Vinod Chandran4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN THURSDAY, THE 13TH DAY OF AUGUST 2015/22ND SRAVANA, 1937 WP(C).No. 11902 of 2013 (K) ---------------------------- PETITIONER:

------------------ E.C.PREMLAL, AGED 43 YEARS PROPRIETOR, GURUDEVA AGENCY, CHEVVOOR CHERPU, THRISSUR DISTRICT.

BY ADV. SRI.K.A.SREEJITH RESPONDENTS:

-------------------------

1. MAYA VINOD, SARASWATHY VIHAR, KAITHATH MADAM, OORAKAM.P.O THRISSUR, PIN-680 009.

2. TERRITORY MANAGER, BHARATH PETROLEUM, AMBALAMUGAL, ERNAKULAM PIN-68 2302.

R2 BY ADV. SRI.N.N.SUGUNAPALAN (SR.) R2 BY ADV. SRI.S.SUJIN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13-08-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 11902 of 2013 (K) ---------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT-P1 THE TRUE COPY OF THE C.C.56/2011 IN THE FILES OF C.D.R.F., THRISSUR.

EXHIBIT-P2 THE TRUE COPY OF THE IMPLEADING PETITION FILED BY THE PETITIONER TO IMPLEAD INSURANCE COMPANY.

RESPONDENT(S)' EXHIBITS:

NIL -------------------------------------- // TRUE COPY // P.A TO JUDGE.

K. VINOD CHANDRAN, J.

===================== W.P.(C) No.11902 of 2013 - K ====================== Dated this the 13th day of August, 2015

J U D G M E N T

The petitioner was before this Court seeking stay of the proceedings before the Consumer Disputes Redressal Forum, Thrissur (C.D.R.F) since, an interlocutory application filed to implead the Insurance Company was dismissed by the C.D.R.F. It was contended that after dismissing the said interlocutory application, the matter itself was posted for evidence. This Court granted an interim stay of the proceedings.

2. The claim of the petitioner was that he did not receive the order of dismissal of the interlocutory application filed by him. In any event that cannot lead to keeping the proceedings before the C.D.R.F pending for so long. It is also admitted that the petitioner has obtained the order after the filing of the writ petition.

W.P.(C) No.11902 of 2013 - K In such circumstance, the writ petition would stand dismissed, leaving the contentions of either parties to be urged before the C.D.R.F. The C.D.R.F shall issue notice to the complainant also before proceedings are taken up and proceeded with.

Sd/- K. VINOD CHANDRAN, JUDGE SB // true copy // P.A to Judge.