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Punjab-Haryana High Court

M/S M2K Infrastructure Pvt. Ltd vs Haryana State Consumer Disputes ... on 8 August, 2012

Author: Mahesh Grover

Bench: Mahesh Grover

CWP no. 23385 of 2010(O&M)           1

        IN THE HIGH COURT OF PUNJAB AND HARYANA
                     AT CHANDIGARH

                     CWP no. 23385 of 2010(O&M)
                      Date of Decision : 08.08.2012

M/s M2K Infrastructure Pvt. Ltd.
                                                        ......Petitioner

VERSUS

Haryana State Consumer Disputes Redressal Commission, Panchkula and
others

                                                        ......Respondents

CORAM: HON'BLE MR. JUSTICE MAHESH GROVER Present:- Mr. Chetan Mittal, Sr. Advocate with Mr. Hari Om Attri, Advocate for the petitioner Mr. Paramjit Batta, Addl. AG, Haryana Mr. Rajbir Sehrawat, Advocate for the respondents MAHESH GROVER, J The petitioner has filed the instant petition with a prayer that proceedings initiated by respondent no.2 under Section 25 and 27 of the Consumer Protection Act for executing the order of District Consumer Disputes Redressal Forum cannot proceed till the decision of its appeal which he has preferred before the State Consumer Disputes Redressal Commission, Haryana.

Learned counsel for the respondent has now stated that appeal itself has been decided in June, 2011 and therefore, there is no impediment in the onward progress of the execution proceedings. He has further stated that instant petition has been rendered infructuous in view of the peculiar prayer made by the petitioner.

After hearing learned counsel for the petitioner, I am of the CWP no. 23385 of 2010(O&M) 2 considered opinion that the petition in the first place was totally mis- conceived. The petitioner had a remedy before the State Consumer Disputes Redressal Commission itself for stalling the execution proceedings. However, since an appeal itself has been decided, the prayer of the petitioner has been rendered illusory.

Hence, the petition is hereby dismissed.

August 8, 2012                                    (Mahesh Grover)
rekha                                                 Judge