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                      Heard Dr. G. Lal, learned counsel, appearing for the petitioner in the Misc Case. None appears for the respondent. Copy of this application was also furnished to Mr. M. Hassan, learned counsel, appearing for the respondent no. 1 and this is reflected in the notice dated 29-7-2013 enclosed in the Misc Case. In addition to the above, Dr. Lal has also submitted that Mr. Hassan has been informed about the listing of the matter today morning. Mr. Hassan for some reason chose to remain absent.

                    It is submitted by Dr. Lal, learned counsel, appearing for the petitioner that an interim order was passed by the Commission on 10-1-2013 and same was extended up to the next date i.e. 10-6-2013 but the interim order was not extend after 10-6-2013 as his Jr. could not impress the Commission about the necessity of having an extension order. Taking advantage of this situation, the District Forum had issued a notice dated 11-7-2013 fixing 5-8-2013 for show cause in an execution case no. 4/12.

                  It is a settled position of law that when a matter is seized by the appellant authority in any manner and in any form, the District Forum can not issue show cause notice irrespective whether there is any order passed by the Commission or not. Admittedly, this matter is seized by the Commission and as such, notice issued for execution, is absolutely uncalled for and once we allow the execution to be completed, the matter pending before the Commission shall become infructuous. For the reasons discussed here-in-above, we are satisfied that Dr. Lal has been able to make out a case. Accordingly, it is ordered that execution case no. 4/12 arising out of C.D. Case No. 3/11 shall not be proceeded until further order.