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2014 (5) TMI 1204 - DELHI HIGH COURTSeeking restoration of name of the petitioner which was directed to be struck off from the Indian Medical register for a period of three years - HELD THAT:- This Court is of the view that as interpretation of Section 24(2) of the Act, 1956 and validity of Clause 8.8 is pending consideration before the Supreme Court in [1992 (4) TMI 183 - SUPREME COURT], it would be appropriate to await the said judgment - This Court with utmost humility would like to state that it is not in agreement with the view expressed by the Calcutta High Court in Pijush Kanti Chowdhury [2007 (5) TMI 559 - CALCUTTA HIGH COURT], as it is of the opinion that once a stay order has been passed by a superior court, the order of the lower court ceases to operate till the stay order is in effect. In fact, the judgment of the Supreme Court in Shree Chamundi Mopeds Ltd. v. Church of South India Trust Association, Madras [1992 (4) TMI 183 - SUPREME COURT] relied upon in Pijush Kanti Chowdhury [2007 (5) TMI 559 - CALCUTTA HIGH COURT] itself lays down that stay of an operation of an order means that the order would not be operative. List the matter in the category of 'Regular Matters' according to its seniority. The impugned order passed by the Ethics Committee of MCI dated 27th October, 2012 and the decision of the erstwhile Board of Governors of MCI dated 10th December, 2012 are stayed till disposal of the petition - Application disposed off.
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