An appeal against an order of the CDRF does not operate as a stay of execution unless the Appellate Court, for reasons to be recorded in writing, so directs.

JUDGMENT

The above writ petition is filed with following prayers:

“i) set aside Ext.P5 order;

ii) declare that issuance of Ext.P5 when the stay order is issued by the Appellate Court and the judgment in the Appeal has not been issued, is improper and invalid;

nd iii) command the 2 respondent not to proceed further in Ext.P5, till receipt of the Appellate Order in Ext.P2 appeal;

iv) award cost to the petitioner;”

2. When this writ petition came up for consideration on 14.12.2021, this Court passed the following order:

“The learned Standing Counsel for the Kerala State Co-operative Employees Pension Board submits that there was an interim order against the operation of the order of the District Redressal Commission till disposal of the appeal. Though the appeal has been heard and taken up for orders, no order has been passed in appeal. But in the meanwhile, Ext.P5 arrest warrant is issued in pursuance of Ext.P4 Execution Application.

Admit.

Issue urge notice to R1 to R3.

There will be an interim stay on the operation of Ext.P5 for a period of one month.”

3. The 1st respondent filed a complaint before the Consumer Disputes Redressal Forum(CDRF), Malappuram against the petitioner. The CDRF passed an order as evident by Ext.P1. Ext.P1 was challenged by the petitioner before the State Forum as evident by Ext.P2. There was an interim order also in favour of the petitioner as evident by Ext.P3. It is the case of the petitioner that a warrant is issued by the CDRF. Hence this writ petition is filed.

4. Heard the learned counsel for the petitioner, the learned counsel for the 1^st respondent and the learned Government Pleader also.

5. The learned counsel for the petitioner submitted that, subsequent to the filing of the writ petition, a copy of the order dismissing the appeal filed by the petitioner is received and thereafter the entire amount due to the 1^st respondent is paid. The learned counsel for the 1^st respondent submitted that the entire amount is not paid even now and it is only a part payment. What ever that may be, the 1^st respondent can approach the CDRF claiming balance amount, if any. In the facts and circumstances of this case, Ext.P5 can be set aside and the parties can be relegated to the CDRF for the redressal of any surviving grievance.

Therefore, this writ petition is allowed in the following manner:

i. Ext.P5 warrant is set aside.

ii. The 1^st respondent is free to approach the Consumer Disputes Redressal Forum, Malappuram, if there is any balance amount due from the petitioner, within two weeks from the date of receipt of a copy of this judgment.

iii. If such an application is received, the CDRF, Malappuram will consider the same and pass appropriate orders in it, after issuing notice to the petitioner, as expeditiously as possible.

Sd/-

P.V.KUNHIKRISHNAN JUDGE DM APPENDIX OF WP(C) 28819/2021 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE ORDER DATED

31.12.2016 IN C.C. NO. 15/2016 OF THE CONSUMER DISPUTES REDRESSAL FORUM, MALAPPURAM.

EXHIBIT P2 TRUE COPY OF THE APPEAL NO.

406/2017 FILED BY THE PENSION BOARD BEFORE THE STATE FORUM.

EXHIBIT P3 TRUE COPY OF THE ORDER DATED

28.06.2017 IN APPEAL NO. 406/2017 OF THE STATE CONSUMER COMMISSION.

EXHIBIT P4 TRUE COPY OF THE EXECUTION APPLICATION PREFERRED BY THE IST RESPONDENT HEREIN BEFORE THE DISTRICT FORUM.

EXHIBIT P5 TRUE COPY OF THE WARRANT OF ARREST ISSEUD BY THE DISTRICT CONSUMER REDRESSAL COMMISSION, MALAPPURAM DATED 27.10.2021.

EXHIBIT P5 (A) TRUE COPY OF THE LEGIBLE COPY OF EXT. P5.

RESPONDENTS EXHIBITS : NIL //TRUE COPY//

PA TO JUDGE