Sudhir Agarwal, J. - (1.) HEARD Shri Nripendra Mishra, learned Counsel for the Petitioner.
(2.) IT is contended that the District Consumer Disputes Redressal Forum has no power to grant stay as held by the Apex Court in Morgan Stanley Mutual Fund v. Kartick Das : (1994) 4 SCC 225 : JT 1994 (3) 654. Having considered the submissions and perusing the record, I find substance in the contention of the learned Counsel for the Petitioner. The Apex Court in para 40 of the judgment in Morgan Stanley Mutual Fund v. Kartick Das (supra) has held as under: 40. We have come to the conclusion that the District Consumer Forum will have no power to grant injunction....
(3.) IN view thereof the District Consumer Disputes Redressal Forum could not have passed the interim order. Moreover, it had no authority to restrain the authorities from executing their statutory power for recovery of dues as arrears of land revenue. On this aspect also I find that the order impugned in the writ petition cannot sustain. Consequently, I am clearly of the view that the impugned order, to the extent it grant interim order in favour of the complainants - Respondents No. 2 and 3, cannot sustain, being wholly without jurisdiction.;