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Nitin (Manager)     15 February 2014

Right to appeal!

Friends, Please let me know whether just right to appeal is a ban to execution of lower court i.e. Disrict Forum Decisions.

 

If yes, then how.

 

If no, then please give me relevant judgements, especially of supreme court/high courts.

 

Thanks in advance. 



Learning

 4 Replies

Adv Archana Deshmukh (Practicing Advocate)     15 February 2014

Mere filing of appeal does not stop the execution unless the judgment is stayed by the appealate court.

Arvind Singh Chauhan (advocate)     15 February 2014

agree with archana mam.

Nitin (Manager)     16 February 2014

Dear Archana madam,

 

can u give me the some of the judgements of high courts please.

 

I wholly agree with your kindness.

can i have judgement.

 

pls thanks in advance to you and all the members who are furnishing me any such precedents.

thanks

tc n bye

Shivesh Sinha (Legal Adviser)     03 April 2014

Dear Mr. Nitin,

I have perused your query seeking information that whether only preferring an appeal as against the Decision of DCF is the remedy to stay the relevant Execution Proceeding ?

Further you have also sought the decision( s) of any Hon'ble High Court & / or of the Hon'ble Ape Court,  if the answer of your above query is negative.

Also, have perused all responses to your query forwarded on this Forum.

Both the responses are absolutely correct. I only substantiate the fact that no Hon'ble High Court has got its jurisdiction under the provisions of the C.P.Act,1986 as against any judgment/decision of consumer court (s).

Appellate Jurisdiction is vested only in respective SCDRC , NCDRC and the Apex Court.  

Mere filling of an appeal in higher forum does not stay the execution proceeding, unless being granted so, by the Appellate Court, as above.

Hope, above satisfies your curiosity.

You may approach me for any further advise or/& assistance in dealing with your instant case, if needed so through my website, noted below; which is launched to serve consumers free from any charges for their cause.

Thanking You,

SHIVESH KUMAR SINHA,

Advocate Cum Legal Adviser

www.powertoconsumer.in


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