Circuit Bench Nagpur

StateCommission

RP/11/24

Smt Nisha Holaram Methawani - Complainant(s)

Versus

Shri Chandrakumar Kotumal Gehani - Opp.Party(s)

Vijay Brahme

16 Aug 2011

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION, MAHARASHTRA
CIRCUIT BENCH AT NAGPUR
5 TH FLOOR, ADMINISTRATIVE BUILDING NO. 1
CIVIL LINES, NAGPUR-440 001
 
Revision Petition No. RP/11/24
(Arisen out of Order Dated 09/09/2010 in Case No. cc/615/09 of District )
 
1. Smt Nisha Holaram Methawani
R/o 118 K T Nagar Katol Nagar Nagpur
Nagpur
...........Appellant(s)
Versus
1. Shri Chandrakumar Kotumal Gehani
R/o Plot No 21`8 Main Road Jaripatka Nagpur
Nagpur
...........Respondent(s)
 
BEFORE: 
  Hon'ble Mr.S.M. Shembole PRESIDING MEMBER
  HON'BLE SMT.JAYSHREE YENGAL MEMBER
  HON'BLE N. ARUMUGAM MEMBER
 
PRESENT:
Adv.Mr Vijay Brahme
......for the Petitioner
 
Adv.Smt Anuradha Deshpande
......for the Respondent
ORDER

Per Mr S M Shembole Hon’ble Presiding Judicial Member

 

1.      This Revision Petition is against the order passed by the District Consumer Forum, Nagpur in Execution Proceeding bearing No.EA/10/227, directing the o.p.Nos. 1 to 7 to bring stay from the State Consumer Disputes Redressal Commission.

 

2.      We heard the learned counsel for both the sides. Smt Anuradha Deshpande for the respondents averred that this Revision petition is not tenable but she could not explain as to how it is not tenable. Perusal of the impugned order which reflects that the District Consumer Forum, Nagpur erred in directing the o.ps / petitioner Nos.1 to 7 to bring stay from the State Commission.  We fail to understand as to how the District Forum has power to issue such directions.  It is the sweet choice of the party to obtain stay order against the execution and operation of the impugned order, which is challenged in appeal.  Hence, the Revision Petition deserves to be allowed and it is allowed.

 

3.      The only specific impugned order directing the petitioner 1 to 7 to bring stay stands cancelled.

 

Copies of this order be supplied to the parties.

 

Pronounced on 16.08.2011.

 

 
 
[ Hon'ble Mr.S.M. Shembole]
PRESIDING MEMBER
 
[ HON'BLE SMT.JAYSHREE YENGAL]
MEMBER
 
[ HON'BLE N. ARUMUGAM]
MEMBER

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