GYANESHWAR PRASAD SRIVASTAVA Vs. STATE

JUDGEMENT

(1.) It appears that a complaint was made by the respondent No. 5 before the District Consumer Forum, Lucknow against M/s. Hari Om Masala and others including the petitioner. The District Consumer Forum, Lucknow gave its decision dated 21.4.2010 (Annexure-1 to the writ petition), whereby the opposite parties. in the Complaint Case before the District Consumer Forum (which included the petitioner herein also) were directed to pay certain amount with interest to the, complainant, i.e., the respondent No. 5 herein. The petitioner and others filed an appeal before the State Consumer Dispute Redressal Commission, Uttar Pradesh, Lucknow against the said decision dated 21.4.2010 given by the District Consumer Forum, Lucknow. A Stay Application was also filed alongwith the appeal. It appears that the Stay Application filed by the petitioner and others in the said appeal was rejected. Thereafter, the proceedings have been initiated for the recovery of the amount awarded in the decision of the District Consumer Forum, Lucknow dated 21.4.2010. The Citation dated 25.2.2011 (Annexure-4 to the writ petition) has been issued in this regard. Thereupon, the petitioner has filed the present writ petition, inter alia, praying for quashing the said Citation dated 25.2.2011.

(2.) We have heard Sri K.K. Tripathi, learned Counsel appearing for the petitioner and the learned Standing Counsel appearing for the respondents No. 1 to 4.

(3.) As noted above, the Stay Application on behalf of the petitioner and others filed in the appeal against the decision of the District Consumer Forum dated 21.4.2010 was rejected by the State Consumer Dispute Redressal Commission, Uttar Pradesh, Lucknow. In the circumstances, it was open to the respondent No. 5 to initiate .the proceedings for recovery of the amount as awarded in the said decision dated 21.4.2010.