IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY SEVENTH DAY OF JANUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH and THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR WRIT PETITION NO : 2911 of 2007 Between: M/s.Indian Bank, Seethammapeta Branch, Visakhapatnam rep.by its Branch Manager ..... PETITIONER AND 1 The AP state Consumer Dispute Redressal Commission Hyderabad, rep.by its Registrar 2 Bodala Hemasundra Rao S/o.late Lakshmana Rao R/o.LIG-77, Rajiv nagar, Vadlapudi Post Gajuwaka, visakhapatnam .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to issue a writ or order or direction more particularly one in the nature of writ of Certiorari calling for the records pertaining to FA IA.No.1992/2006 in FA.No.1146/06 dated 8.2.2007 on the file of the AP State consumer Dispute Redressal commission, Hyderabad against CC.No.692/2005 on the file of District Consumer Forum-I, Visakhapatnam and quash the same as illegal, arbitrary, and unconstitutional and further declare that these orders have been passed without any jurisdiction vested on Hon`ble AP State Consumer Dispute Redressal commission, Hyderabad in the interest of justice. Counsel for the Petitioner: MR.P.SHIV KUMAR Counsel for the Respondent No.1: GP FOR CIVIL SUPPLIES The Court made the following : Form-NIC-OGS/WP{TRK} HONOURABLE SRI JUSTICE V.ESWARAIAH AND HONOURABLE SRI JUSTICE VILAS V. AFZULPURKAR W.P.No.2911 of 2007 ORDER: (Per Hon’ble Sri Justice V.Eswaraiah) The Indian Bank questions the order of the A.P. State Consumers’ Disputes Redressal Commission (for brevity ‘the State Commission’), dated 08-02-2007, passed in F.A.No.1146 of 2006, in modifying the earlier interim stay dated 18-01-2007, passed in F.A.I.A.No.1992 of 2006 in F.A.No.1146 of 2006, permitting the 2nd respondent herein to withdraw a sum of Rs.1.00 lakh without furnishing any security. 2. The District Consumer Forum No.1, Visakhapatnam, allowed the application of the 2nd respondent directing the petitioner- bank to pay an amount of Rs.1.00 lakh to the 2nd respondent and also to pay a sum of Rs,3,000/- towards compensation for causing mental agony and Rs.1,000/- towards costs. Further, the said sum of Rs.1.00 lakh was directed to be paid within a period of one month, failing which, the petitioner-bank shall pay interest at 9% per annum from the date of order. Aggrieved by the same, the petitioner-bank filed an appeal before the State Commission. 3. The State Commission, without there being any application filed by the complainant seeking permission of withdrawal of said deposit amount, modified the earlier interim stay granted on 18-01- 2007 permitting the complainant to withdraw the said amount without furnishing any security. The said impugned order was questioned by the petitioner-bank in this writ petition. 4. This Court by order dated 15-02-2007 stayed the operation of the said order dated 08-02-2007. 5. Heard both the learned counsel appearing for the petitioner- bank as well as the 2nd respondent. 6. We are informed that the main appeal itself is ready for disposal and however having regard to the facts and circumstances of the case, we are of the opinion that without there being any application to vacate the stay and even before entering appearance by filing vakalat and counter, modifying the earlier order may not be just and proper. 7. Accordingly, we set aside the impugned order and writ petition is accordingly allowed. As the appeal before the State Commission is of the year 2006, we deem it fit and proper to direct the State Commission to expedite the hearing of main appeal and dispose of the same as expeditiously as possible, preferably, within a period of two months from the date of receipt of a copy of this order. No costs. _________________________ JUSTICE V.ESWARAIAH _____________________________ JUSTICE VILAS V. AFZULPURKAR January 27, 2009 Kvr