M/S. Premium Acres Infratech Pvt. Ltd. v. Bobbel Nagra
$~74 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CM(M) 341/2025 & CM APPL. 9921/2025 PERMISSION TO FILE LENGTHY SYNOPSIS M/S. PREMIUM ACRES INFRATECH PVT. LTD. .....Petitioner Through:
Mr. Sandeep S. Tiwari & Ms. Nainika Katyal, Advocates versus BOBBEL NAGRA .....Respondent Through:
CORAM:
HON'BLE MR. JUSTICE RAVINDER DUDEJA
O R D E R
% 18.02.2025 CM APPL. 9920/2025 (Exemption) Allowed, subject to all just exceptions.
Application stands disposed of.
CM(M) 341/2025 1.
The present petition has been filed under Article 227 of the Constitution of India, challenging the order dated 04.02.2025, passed by the National Consumer Disputes Redressal Commission ["NCDRC"] in I.A. No. 1337/2025 in Appeal Execution No. 88/2024, whereby, the NCDRC dismissed the application filed by the petitioner for clarification and directions for accepting the decretal amount of Rs. 6,84,476.05, filed by the petitioner.
2.
Since the entire cause of action pertaining to the present subject matter has arisen within the jurisdiction of Punjab & Haryana High Court, relying upon the judgment dated 04.03.2024 passed by the Supreme Court in The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 20/02/2025 at 12:08:19
the case of Siddhartha S Mookerjee Vs. Madhab Chand Mitter [Civil Appeal No. 3915-16/2024], the learned counsel for petitioner prays that the petitioner may be permitted to withdraw the present petition with liberty to approach the jurisdictional High Court.
3.
The Court has gone through the above referred order wherein the Supreme Court has very categorically observed that merely because NCDRC had allowed the petition, the jurisdiction would not vest with the Delhi High Court and observing that since the cause of action has arisen in Kolkata and the matter has been dealt with by the State Commission of West Bengal, it was held that the jurisdiction of the High Court of Calcutta should have been invoked.
4.
The Delhi High Court also in various judgments, including Trade Wings Vs. M.S.S. Asan Exports & Ors. CM (M) 2103/2023 as also General Manager, Punjab National Bank and Ors. Vs. Rohit Malhotra 2024 SCC Online Del. 6145 observed that in view of Siddhartha S. Mookerjee (supra), any such petitioner should go to the 'Jurisdictional High Court'. 5.
The petition accordingly stands disposed of as withdrawn and liberty, as prayed for, is granted.
6.
It is however, made clear that this Court has not expressed any opinion, whatsoever on the merits of the case. 7.
Copy of the order be given dasti under the signatures of Court Master. RAVINDER DUDEJA, J.
FEBRUARY 18, 2025 RM The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 20/02/2025 at 12:08:19