Royal Group Of Companies vs. Davis Mathew
Original PDF →IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR MONDAY, THE 04TH DAY OF NOVEMBER 2019 / 13TH KARTHIKA, 1941 WP(C).No.29467 OF 2019(G) PETITIONERS: 1 ROYAL GROUP OF COMPANIES REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, TISSAN THACHANKARY, 2ND FLOOR, CHANDRIKA BUILDING, M.G.ROAD, COCHIN, PIN-682011. 2 MUNNAR CATERING COLLEGE, REPRESENTED BY ITS DIRECTOR, MARY TISSAN THACHANKARY, MAHATMA GANDHI ROAD, NEAR SHIPYARD, RAVIPURAM, KOCHI-682016. 3 SHIBU GEORGE, PRINCIPAL, MUNNAR CATERING COLLEGE, MAHATMA GANDHI ROAD, NEAR SHIPYARD, RAVIPURAM, KOCHI-682016. BY ADVS. SRI.LAL K.JOSEPH SRI.A.A.ZIYAD RAHMAN SMT.T.A.LUXY SRI.M.SASIDHARAN SRI.SETHU KRISHNA R.S RESPONDENTS: 1 DAVIS MATHEW AGED 21 YEARS S/O. MATHEW M.D, MAMMOOTTIL HOUSE, BETHEL P O, MELECHINNAR, IDUKKI DISTRICT, PIN-685514. W.P.(C)No.29467 of 2019 2 2 THOMAS, BRANCH MANAGER, FEDERAL BANK LTD., THOPRANKUDY BRANCH, IDUKKI DISTRICT, PIN-685515. 3 KERALA STATE CONSUMER DISPUTES REDRESSAL FORUM, KATHRIKKADAVU, ERNAKULAM, KOCHI-682017, REPRESENTED BY ITS PRESIDENT. ADV. SRI. P.PAULOCHAN ANTONY SRI. B VINOD, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04.11.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C)No.29467 of 2019 3 J U D G M E N T Ext.P9 is an order passed by the Consumer Disputes Redressal Forum, Ernakulam, in terms of which proceedings have been initiated by the Forum against the petitioners under Section 27 of the Consumer Protection Act, 1986 (the Act). Ext.P9 order is under challenge in the writ petition on the ground that Ext.P5(a) interim order passed by the Forum which is sought to be enforced through the proceedings under Section 27 of the Act is one issued without juri iction.
Ext.P9 order is appealable under Section 27A of the Act. In the light of the decision of the Apex Court in Cicily Kallarackal v. Vehicle Factory, (2012)8 SCC 524, it is inappropriate for this court to entertain a writ petition when the petitioners have an effective alternative remedy under the Act by way of appeal against an order passed under the Act. True, this court can examine the correctness of the orders in
W.P.(C)No.29467 of 2019 4 appropriate cases where the challenge is on the ground of want of juri iction. I do not think that this is an exceptional case where this court should exercise the discretionary juri iction to examine the alleged juri ictional error committed by the Forum in the matter of passing the impugned order. I take this view also for the reason that Ext.P5(a) has been challenged by the petitioner in appeal under the Act and the challenge has been repelled. Nevertheless, having regard to the submission made by the learned counsel for the petitioners that the petitioners are unable to appear on the day fixed for appearance by the Forum, I deem it appropriate to permit the petitioners to appear before the Forum on 20.11.2019. The writ petition is disposed of as above. P.B.SURESH KUMAR, JUDGE. DK
W.P.(C)No.29467 of 2019 5 APPENDIX PETITIONERS' EXHIBITS: EXHIBIT P1OF THE CERTIFICATE OF INCORPORATION NO.09014/1995. EXHIBIT P1 (A)OF THE GST REGISTRATION CERTIFICATE. EXHIBIT P2OF THE UDYOG AADHAR REGISTRATION CERTIFICATE OF THE 2ND PETITIONER. EXHIBIT P3OF THE COMPLAINT NUMBERED AS CC 484 OF 2017 FILED BEFORE THE HONOURABLE CONSUMER DISPUTE REDRESSAL FORUM, ERNAKULAM. EXHIBIT P4OF THE VERSION IN CC 484/17 DATED 24.1.2018 FILED BY THE PETITIONERS. EXHIBIT P5OF THE I.A.102/18 DATED 1.3.2018. EXHIBIT P5 (A)OF THE ORDER DATED 1.3.2018 IN I.A.102/18. EXHIBIT P5 (B)OF THE ENVELOP. EXHIBIT P6OF THE ORDER DATED 21.8.2018 IN R.P.NO.18/2018 OF THE KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION. EXHIBIT P7OF THE I.A.22/2019. W.P.(C)No.29467 of 2019 6 EXHIBIT P7 (A)OF THE MEMO DATED 3.9.2019. EXHIBIT P8OF THE S.T. NO.2/2019 IN IA 102/2017 IN CC.484/2017. EXHIBIT P9OF THE ORDER DATED 5/9/2019 IN EXT.P8. EXHIBIT P10OF THE TRANSFER CERTIFICATE ISSUED BY THE 3RD PETITIONER. RESPONDENTS' EXHIBITS: NIL //// PA TO JUDGE DK
Reproduced from the public record of the Kerala High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.