Heard learned counsel for the  appellant. Since it is a matter of 2004 without calling for DFR, we dispose of the matter basing on the materials available on record.

2.      After hearing appellant and on perusal of the  impugned order, we find the complainant has filed the original execution proceeding  U/S 27 of C.P.Act (herein called the Act) because  the O.P has not complied the order passed in C.D.Misc. Case No.16 of 2002. Notice was issued in appeal.The O.P has filed the show cause before the learned District Forum.The matter is pending before this Commission. Learned District Commission without waiting  has passed the impugned order.

3.      Learned counsel for the appellant submitted that when the matter is pending before the Hon’ble State Commission no action should be taken to the execution proceeding.

4.      Considered the submission.Perused the record. When the matter is pending before this Commission, the execution proceeding U/S 27 of C.P.Act is not maintainable. Therefore, the impugned order is bad in law and set aside. The appeal stands allowed.