Emaar Mgf Land Ltd & ANR v. Union Of India & ORS

$~6 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CM(M) 254/2020, CM APPL. 7685/2020--stay EMAAR MGF LAND LTD & ANR ..... Petitioners Through:

Mr. Dhanesh Relan, Mr. Shiv Dutt Sharma and Mr. Arindam Dey, Advs.

versus UNION OF INDIA & ORS ..... Respondents Through:

Mr. Ripu Daman Bhardwaj, CGSC with Mr. Kushagra Kumar, Mr.

Abhinav Bhardwaj and Mr. K.

Manaswini, Advs.

Mr. Ajay Laroia, Mr. Rajinder Kumar and Ms. Madhu Laroia, Advs. for R-2 and R-3.

CORAM:

HON'BLE MS. JUSTICE SHALINDER KAUR

O R D E R

% 06.05.2024 1.

The present petition under Article 227 of the Constitution of India read with Section 151 Civil Procedure Code, 1908 (―CPC‖) has been filed impugning the orders dated 22.11.2019 and 20.09.2019 passed by the learned National Consumer Disputes Redressal Commission, New Delhi (hereinafter referred to as ―NCDRC‖), in Review Application No.149/2021 and First Appeal No.298/2019 titled as ―M/s Emaar MGF Land Ltd & Anr. vs. Saroj Bashist & Anr.‖, whereby the learned NCDRC dismissed the review petition filed by the petitioners herein seeking review of the order 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 09/05/2024 at 11:38:41

dated 20.09.2019.

2.

Learned counsel for the petitioners submits that the original complaint was filed before the learned State Consumer Disputes Redressal Commission, Chandigarh (hereinafter referred to as ―SCDRC‖). Thereafter, a first appeal was moved against the said order of learned SCDRC, Chandigarh before the learned NCDRC. Subsequently, the petitioners preferred a revision petition against the said order before the learned NCDRC which came to be dismissed vide the impugned order dated 22.11.2019.

3.

After addressing some submissions, the learned counsel admits that the entire cause of action in the present case has arisen in Chandigarh but the revision petition before the learned NCDRC was filed in New Delhi. Moreover, in view of paragraphs 7, 8, 9 & 10 of the judgment of the Hon'ble Supreme Court in Siddhartha S. Mookerjee & Anr. Vs. Madhab Chand Mitter & Anr. [C.A. Nos. 3915-3916/2024], the learned counsel seeks permission to withdraw the present petition with liberty to move before the appropriate forum within four weeks, as per law. 4.

Permission to withdraw with liberty as per law and as prayed for is granted.

5.

Accordingly, the petition along with pending applications, if any, stands disposed of.

SHALINDER KAUR, J.

MAY 06, 2024 SDS 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 09/05/2024 at 11:38:41