caw1110.11.odt 1/4 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CIVIL APPLN. (W) NO.1110/2011 IN WRIT PETN. NO.534/2011 (D) Sanjay Prabhakar Shende -vs- Mr. P.P.Subramanyam and another AND CIVIL APPLN. (W) NO.1111/2011 IN WRIT PETN. NO.535/2011 (D) Sanjay Prabhakar Shende -vs- Ms. Susan M. Paul and another ------------------------------------------------------------------------------------------------------------------------------------ Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders. or directions and Registrar's orders. ------------------------------------------------------------------------------------------------------------------------------------ Shri M.A.Vishwarupe, learned counsel for the applicant- petitioner. CORAM : R. M. SAVANT, J. DATED : 01/08/2011. The above Civil Applications have been filed by the applicant-original petitioner for extension of stay granted by this Court whilst disposing of Writ Petition Nos.534/2011 and 535/2011. In terms of the order dated 02/05/2011, the applicant/original petitioner was granted protection till 01/07/2011. The said protection has been continued by this Court by virtue of the orders passed in each of the above Civil Applications and is in operation till date. The applicant-original petitioner was respondent in the complaints filed by the respondent No.1 herein in each of caw1110.11.odt 2/4 the above Civil Applications, which Complaints came to be decided by the District Forum, Nagpur on 19/07/2005, by virtue of the Pursis filed between the respondent Nos.1 and 2 to each of the above Civil Applications. The said order passed by the District Consumer Disputes Redressal Forum, Nagpur was put in execution by the respondent No.1 in each of the above applications by filing execution application being Nos.48/2009 and 54/2009. It appears that the notices in respect of the said execution was served upon the petitioner in March, 2010 whereupon the petitioner filed his application objecting to the execution of the said order. The said objections of the petitioner were rejected by the District Consumer Disputes Redressal Forum, Nagpur by its order dated 22/04/2010. This resulted in the petitioner filing Appeals before the State Consumer Disputes Redressal Commission at Nagpur, the said Appeals filed by the petitioner were transferred to the State Consumer Redressal Commission at Aurangabad, the State Consumer Redressal Commission at Aurangabad granted a stay on 07/08/2010, which continued up to 08/12/2010. Thereafter the applicant-original petitioner moved an application for extension of stay before the said Commission at Nagpur. But in view of the fact that the State Commission was not available at Nagpur, no orders came to be passed on the said application and, therefore, the petitioner once again moved before the District Consumer Disputes Redressal Forum, Nagpur for adjourning the execution application filed by the respondent No.1 in each of the above applications. The said application of caw1110.11.odt 3/4 the petitioner came to be rejected by order dated 05/01/2011. The petitioner thereafter again moved an application before the State Commission at Nagpur Bench, however, no orders came to be passed on the said application. This resulted in the petitioner filing the above two petitions inter alia for the relief that he may be protected till the hearing of the Appeals which were pending before the State Commission, Nagpur. As indicated above, the stay in favour of the petitioner was operating till 01/07/2011 and now continues to operate pursuant to the orders passed in the above Civil Applications. It is the case of the petitioner that since one of the members, of the District Forum is now a member of the State Commission, the Bench of the State Commission at Nagpur would not be able to take up his Appeals. The learned counsel for the petitioner states that the Appeals would have either to be placed before the Aurangabad Bench or before the Principal Bench at Mumbai and since that has not happened, the petitioner has filed the instant applications for continuation of the stay. In the above Civil Applications, notices came to be issued pursuant to which the respondents have been served, the respondent No.2 is appearing in the matter, the respondent No.1 in Civil Application No.1110/2011 Mr.P.P. Subramaniam is personally present in Court. He tenders his written submissions. In my view, considering the conspectus of facts as mentioned herein above, it would be just and proper to protect caw1110.11.odt 4/4 the petitioner for a further period of time so as to enable him to obtain appropriate orders in his Appeals from the State Consumer Disputes Redressal Commission, hence, the following order. ORDER 1) The interim protection, which was granted by order dated 02/05/2011 passed in the above petitions and continued by this Court by virtue of the orders passed in the above Civil Applications to continue for a further period of eight weeks from date. 2) The applicant-petitioner in both the above applications to move the Principal Bench for getting his Appeals listed either before the Principal Bench or before the Aurangabad Bench as would be ordered. Once the applications are so listed, it would be open for the petitioner to apply for appropriate interim reliefs before the Bench to whom the Appeals are assigned. If such an application is made, needless to say that the concerned Bench would consider it on its own merits and in accordance with law. The Civil Applications are accordingly disposed of. JUDGE KHUNTE