Petitioner is aggrieved with the dismissal of the stay application filed in appeal, as evidenced by Ext.P9. Evidently, the matter was posted for hearing on 03.06.2014 and notice was served on appellant on 28.05.2014. On that date, petitioner neither appeared nor made any arrangement to represent him at the hearing. It is relevant that, petitioner was before this Court, seeking expeditious consideration of the stay petition and this court has directed such consideration and also kept the proceedings in abeyance till such consideration by Ext.P8 order. True, the petitioner contends that he was called away, urgently to Mumbai and hence could not appear on the said date. But, having specifically approached this court and having got a stay order pending consideration of the appeal, the W.P.(C) No.15224/2014 2 petitioner's negligence cannot be condoned. However, since the stay application was dismissed for default it is only proper that the application be restored, but only on terms. Petitioner is directed to pay an amount of Rs.5,000/- to the Kerala Mediation Council and produce the receipt, before the Appellate Authority, within three weeks. Ext.P9 shall stand set aside and the Appellate Authority shall consider the stay petition within a period of two weeks thereafter; with recovery proceedings being kept in abeyance till such orders are passed; which order shall govern the matter thereafter.
Writ Petition is disposed of K.VINOD CHANDRAN, JUDGE vdv