abhishek basu 19 August 2017

consumer protection act

i has filed an appeal against an order received at district forum . the opposite party has not appeared before the state forum and now filed an execution petiron before the district forum .I had filed a petiron before the district forum informing about rhe appeal. But the distrixt forum has now issued warrant stating in absence of any stay received from state forum , he cannot stop thr matter from being executed . Kindly help .

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3 Replies

Siddharth Srivastava (Advocate) 19 August 2017

The opinion of district court is right. Apply to state forum for stay of proceeding of district forum.

abhishek basu 19 August 2017

can you suggest any case which can help my case in getting a stay from state commission

Siddharth Srivastava (Advocate) 19 August 2017

As such no case law is required. Though there are various cases but since your case is in state commission and as the district court is holding further proceeding like attachment etc hence it is in itself sufficient for praying for stay. Consult your advocate.