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2023 Supreme(Ker) 564

SHAJI P. CHALY
John Jacob – Appellant
Versus
Anil Davidson – Respondent


Advocates:
Advocate Appeared:
For the Appellant :S. Sreekumar (Sr. Advocate), Thomas P. Kuruvilla, P. Martin Jose, P. Prijith, R. Githesh, Ajay Ben Jose, Manjunath Menon, Sachin Jacob Ambat, V.J. Anna Linda & S. Harikrishnan
For the Respondent: Ligey Antony, L. Mohanan & D. Reetha

JUDGMENT :

This writ petition is filed by the petitioners seeking the following directions:

    (1) Call for the records leading to E.P. No.14 of 2017 in CC No.84 of 2016 pending before the Kerala State Consumer Disputes Redressal Commission, Thiruvananthapuram and set aside the same

(2) Issue an order or direction directing the State Consumer Disputes Redressal Commission to recall the non-bailable warrant dated 31-05-2022 issued against the Petitioners

(3) Issue a direction directing the 3rd respondent to conduct EP No.14 of 2017 in CG No.84 of 2016 pending before the State Consumer Redressal Commission on behalf of the Corporate Debtor by virtue of Section 17 of the Code.

2. Brief material facts for the disposal of the writ petition are as follows: petitioners were the Managing Director and Director, respectively, of M/s. Samson and Sons Builders and Developers Pvt. Ltd., which is engaged in the construction of multistoried residential and commercial complexes. According to the petitioners, while the projects were in different stages of construction, due to financial stringency and various other reasons, the company could not complete the projects as agreed upon with the purchasers. The

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