1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Writ Petition No.3190 of 2010 (Manoharlal Sawaldas Hemrajani v. Shriram Shrawan Meshram) Office Notes, Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's order Shri D.L. Dharmadhikari, Advocate for Petitioner. Shri B.L. Meshram, Advocate for Respondent. Coram : R.K. Deshpande, J. Dated : 23 th November, 2010 This writ petition challenges the order dated 3-7-2010 passed by the State Consumer Disputes Redressal Commission, Circuit Bench at Aurangabad in First Appeal No.52 of 2010 refusing to grant stay to the order passed by the Additional District Consumer Disputes Redressal Forum on 6-10-2009. The Additional District Consumer Disputes Redressal Forum has directed the applicant to execute the sale-deed by accepting the balance amount of Rs.5,000/- to be paid by the respondent, within a period of two months. The dispute is based upon the agreement of sale dated 10-7-1996. The total consideration under the agreement was of Rs.85,000/-. The respondent has claimed that he has paid the entire amount except the amount of Rs.5,000/- and that is why the the Additional District Forum has directed the payment of Rs.5,000/- and the execution of the sale-deed by the petitioner. 2 The appeal preferred by the petitioner is pending before the State Commission. The application for stay of the order passed by the District Forum has been rejected by the State Commission. The finding is recorded that no prima facie case is recorded and the balance of convenience does not lie in favour of the petitioner. In view of the fact that the appeal is pending, I am not inclined to interfere in the order passed by the State Commission in exercise of the jurisdiction under Articles 226 and 227 of the Constitution of India. The petition is, therefore, rejected. The State Commission shall, however, decide the appeal as early as possible and within a period of six months from today. Judge pdl