Oral Order:-
Per Shri S.R. Khanzode, Honble Presiding Judicial Member
This Revision Petition is directed against the order dated 24/10/2008 passed in Recovery Application No.106/2007 in consumer complaint No.38/2000 Dr.Sachin Shah V/s. M/s.International Business Machine and Ors. by Mumbai Suburban District Consumer Forum, whereby the request to stay the proceeding on the ground of filing of the appeal was rejected. The reason given for rejection is that no stay was given till that date by the State Commission.
We heard Mr.S.P. Singh, Advocate for the petitioners. Perused the record.
It is a well settled position of land that mere filing of the appeal ipso-facto does not operate as a stay to the impugned order/award. Therefore, when the Forum below observed that there being no stay, request to stay the proceeding cannot be granted, there being no illegality committed, Revision Petition itself deserves to be dismissed. There is no illegality of any kind committed by the Forum below.
Today, we have checked as to whether Appeal No.567/2007 is pending or otherwise. It appears that said appeal stood decided on 19/03/2009. For this reason also there is no propriety now to entertain this Revision Petition.
For the reasons stated above, we pass the following order:-
Order:
1. Revision Petition stands dismissed in limine.
2. No order as to costs.
3 Copies of the order be furnished to the parties.