Put up today.
The present transfer application has been filed by the applicant – Smt. Mamta Tyagi seeking transfer of execution application No. 65 of 2023; Smt. Mamta Tyagi Vs. Prabhari Adhikari, India Infoline Securities Pvt. Ltd. and another, pending before the District Commission, Haridwar to District Commission, Nainital.
Letter No. 16086/M.S. Section/Nainital/Dated 03rd September, 2024 has been issued by Deputy Registrar, Hon’ble High Court of Uttarakhand at Nainital to the Presiding Officer, District Commission, Haridwar, annexing therewith the show-cause notice dated 14.08.2024 issued by Hon’ble High Court in Writ Petition No. 2041 (M/S) of 2024; IIFL Securities Ltd. & another Vs. Mamta Tyagi. The aforesaid letter as well as show-cause letter and order dated 14.08.2024 passed by Hon’ble High Court in the above-mentioned writ petition, have been received through e-mail by this Commission from the office of District Commission, Haridwar.
A perusal of order dated 14.08.2024 passed by Hon’ble High Court shows that by the said order, Hon’ble High Court has stayed the effect and operation of impugned orders dated 06.11.2023 and 29.05.2008 till the next date of listing.
As the order dated 29.05.2008 passed by the District Commission as well as order dated 06.11.2023 passed by Hon’ble National Commission, have been stayed by Hon’ble High Court in above-mentioned writ petition, the execution application can not be proceeded with.
In view of above, the execution application filed by the applicant before the District Commission, Haridwar, can not be transferred, therefore, the transfer application is liable to be dismissed.
Accordingly, the transfer application is hereby dismissed.
File be consigned to the record room along with copy of this order.
A copy of this order be sent to the concerned District Commission for perusal, information and necessary action.
