Admit. Heard both sides.
2. This revision has been directed against the order in E.P.No.57 of 2008 in O.P.No.447 of 2003 on the file of the District Consumer Disputes Redressal Forum,Chennai(North).
3. The learned counsel appearing for the revision petitioner would contend that he had preferred an appeal in F.A.No.874 of 2008 against the order passed in O.P.No.447 of 2003 on the file of the District Consumer Disputes Redressal Forum,Chennai(North) and the same is pending before the State Consumer Disputes Redressal Commission , Chennai and that since no Presiding Officer has been posted in the State Consumer Disputes Redressal Commission , he could not obtain stay of E.P.No.447 of 2003 on the file of the District Consumer Disputes Redressal Forum, Chennai(North).
4. The learned counsel for the respondent on the other hand would contend that this revision before this Court is not maintainable when the appeal is pending before the State Consumer Disputes Redressal Commission(Appellate Forum) and that the District Consumer Disputes Redressal Forum in the Execution petition had passed a conditional order, directing the revision petitioner to deposit the award amount in O.P.447 of 2003, but since the revision petitioner has failed to comply with the said order, arrest was ordered.
5. Now the learned counsel for the revision petitioner undertakes to deposit the entire award amount in O.P.No.447 of 2003 to the credit of E.P.No.57 of 2008 in O.P.No.447 of 2003 on the file of the District Consumer Disputes Redressal Forum,Chennai (north) and that he has also no objection for the respondent for withdrawing the same on furnishing proper security.
6. In fine, this civil revision petition is disposed of with the condition that the revision petitioner deposits the entire award amount of Rs.5,52,403/- to the credit of EP.No.57 of 2008 in O.P.No.447 of 2003 on the file of District Consumer Disputes Redressal Forum, Chennai(North) within a period of three weeks from today, failing which the civil revision petition shall deem to have been dismissed. On such deposit, the respondent is permitted to withdraw the entire award amount furnishing sufficient security to the satisfaction of Presiding Officer,District Consumer Disputes Redressal Forum , Chennai(North). Till such deposit, the interim stay already granted is extended. On compliance of this order, EP.No.57 of 2008 in O.P.No.447 of 2003 shall not be proceeded with. No costs. Consequently, connected M.P.No.1 of 2008 and M.P.No.1 of 2009 are closed.
sg To The District Consumer Disputes Redressal Forum Chennai North