NCDRC

NCDRC

RP/3259/2012

JET AIRWAYS (INDIA) LTD. - Complainant(s)

Versus

ELMA JOHNSON & ANR. - Opp.Party(s)

M/S. SUMAN KHAITAN & CO.

17 Sep 2012

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 3259 OF 2012
 
(Against the Order dated 01/08/2012 in Appeal No. 43/2012 of the State Commission Maharastra)
1. JET AIRWAYS (INDIA) LTD.
Having Its Registered Office at, Siroya Centre Sahara Airport Road Andheri East
Mumbai - 400099
Maharastra
...........Petitioner(s)
Versus 
1. ELMA JOHNSON & ANR.
C/o Shri Pannel John Thomas R/o A-13 Wastushilp Katol Road
Nagpur
Maharastra
2. Trade Wing Ltd.,Travel Agent
6 LIC Building, Mount Road Extn,Sardar
Nagpur
Maharastra
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE R.C. JAIN, PRESIDING MEMBER
 HON'BLE MR. S.K. NAIK, MEMBER

For the Petitioner :
Mr. Amit Singh Chadda, Sr. Advocate
Mr. Sumit Attri, Advocate
For the Respondent :NEMO

Dated : 17 Sep 2012
ORDER

Heard. 

Interim order dated 01.8.2012 passed by the Maharashtra State  Consumer Disputes Redressal Commission, Mumbai in appeal No. 43 of 2012 is sought to be questioned by the petitioner primarily on the ground that the State Commission while granting the interim stay has directed the petitioner herein, to deposit the entire balance decretal amount with interest within four weeks from the date of the order, which direction is harsh on the petitioner, inasmuch as the order tends to decide the fate of the appeal itself by giving such a direction.  The direction cannot be said to be all-together unfounded but it is the discretion of any Appellate or any Forum to grant stay subject to such condition as it may deem fit.

2.      In the result, the Revision Petition is dismissed with these observations.  However, on request of Mr. Chadha, we grant the petitioner two weeks’ further time from today to comply further directions given by the fora below.

 

 
......................J
R.C. JAIN
PRESIDING MEMBER
......................
S.K. NAIK
MEMBER

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