ORAL

                STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

                               UTTAR PRADESH, LUCKNOW

                                  REVISION NO. R/16/2019

                       (Against the order dated 22-11-2018 in Execution Case No.

                           34/2010 of the District Consumer Forum, Barabanki )

Chandel Cold Storage, Ram Nagar

Pargana and Tehsil Ram Nagar

District Barabanki

Through Partner Dushyan Singh Chandel

                                                                                      ...Revisionist

                                                     Vs.

Asha Ram

S/o Bhabhoot Prasad

R/o Harsauli Kathali

Post Semrai, Pargana, Tehsil Ram Nagar

District Barabanki

                                                                                      ...Opposite party

BEFORE:

HON'BLE MR. JUSTICE AKHTER HUSAIN KHAN, PRESIDENT

For the Revisionist         :   Mr. Aman Kumar Srivastava Advocate.

For the Opposite Party   :  

Dated :  15-03-2019

                                                  ORDER

      MR. JUSTICE A. H. KHAN, PRESIDENT 

        Sri Aman Kumar Srivastava, learned Counsel for the revisionist appeared.

Heard learned Counsel for the revisionist and perused impugned order dated 22-11-2018 passed by District Consumer Forum, Barabanki in Execution Case No. 34/2010 whereby the District Consumer Forum has passed order to issue R.C. for the decretal amount.

It is contended by learned Counsel for the revisionist that the Hon’ble High Court vide order dated 21-09-2010 passed in Misc. Single No. 5743 of 2010 M/s Chandel Cold Storage V/s State Consumer Disputes Redressal Commission, U.P. and others has stayed operation the judgment and order dated 11-05-2010 passed by District Consumer Forum, Barabanki.

It is contended by learned Counsel for the revisionist that the stay order passed by Hon’ble High Court is still alive. Copy of order

:2:

dated 21-09-2010 passed by Hon’ble High Court in above writ petition No. Misc. Single No. 5743 of 2010 M/s Chandel Cold Storage V/s State Consumer Disputes Redressal Commission, U.P. and others has been filed alongwith revision petition. Perusal of it shows that the Hon’ble High Court has stayed judgment and order dated 11-05-2010 passed by District Consumer Forum, Barabanki in Complaint No. 160/2008 till next date of listing subject to condition that petitioner shall deposit Rs.30,000/- within a period of four weeks from the date of order. There is no order or evidence to show that the interim order has been extended by Hon’ble High Court after date of listing.

In view of above considering all facts and circumstances of the case present revision petition is disposed of finally with liberty to revisionist to produce stay order passed by Hon’ble High Court in above writ petition within 30 days from today. If the stay order passed by Hon’ble High Court is produced before District Consumer Forum, the District Consumer Forum shall consider it and shall pass appropriate order in accordance with law.

Till expiry of 30 days R.C. shall be kept in abeyance.

Let copy of this order be made available to the parties positively within 15 days as per rules.

                                                                ( JUSTICE A H KHAN )

                                                                                 PRESIDENT

          Pnt.