8/4/2019 Ghaziabad Consumer Court injunction order stayed by High Court

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Court No. - 2

Case :- WRIT - C No. - 25969 of 2011

Petitioner :- Mahagun India Pvt. Ltd.

Respondent :- District Redressal Forum And Others

Petitioner Counsel :- Satish Mandhyan

Hon'ble Ashok Bhushan,J.Hon'ble Ran Vijai Singh,J.

Issue notice to respondents. Steps be taken within a week.

Petitioner's case in this writ petition is that complaint has bee

filed by the respondents no. 2 and 3 before the District Consume

Forum in which an interim injunction has been issued by thDistrict Consumer Forum.

The learned counsel for the petitioner submits that the DistriConsumer Forum has no jurisdiction under Consumer Protectio

Act, 1986 to issue interim injunction. He has placed reliance upo

the judgment of the Apex Court in the case of Morgan Stanle Mutual Fund Vs. Kartick Das reported in 1994 (4) SCC 22

which is to the following effect.

" A careful reading of the above discloses that there is no powe

under the Act to grant any interim relief of (sic or) even an a

interim relief. Only a final relief could be granted. If thjurisdiction of the Forum to grant relief is confined to the fou

clauses mentioned under Section 14, it passes our comprehensio

as to how an interim injunction could ever be grantedisregarding even the balance of convenience."

The submission raised by learned counsel for the petitioner needsscrutiny.

Let a counter affidavit be filed within a period of three weeks.

List thereafter for admission.

In the meantime, the orders dated 18th January, 2011 and 13thApril, 2011 shall remain stayed.

Order Date :- 10.5.2011Pratima