Ms Shubh Enterprises Through Mr Udhay S Surve Partner v. Mrs Hemali Vrajendra Thakkar & ORS.

$~62 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CM(M) 2303/2024 & CM APPL. 20645-647/2024 MS SHUBH ENTERPRISES THROUGH MR UDHAY S SURVE PARTNER ..... Petitioner Through:

Ms.Deeplaxmi S., Adv.

versus MRS HEMALI VRAJENDRA THAKKAR & ORS...... Respondents Through:

Mr. Devansh Arya & Ms.Romi Kumari, Advs.

CORAM:

HON'BLE MS. JUSTICE SHALINDER KAUR

O R D E R

% 08.04.2024 1.

The present petition has been filed under Article 227 of the Constitution of India impugning the order dated 11.12.2023 passed by learned National Consumer Disputes Redressal Commission, New Delhi in FA No. 996/2022 titled as ―M/s Shubh Enterprises vs. Hemali Vrajendra Thakkar & 2 Ors.‖ whereby the first appeal has been dismissed being barred by limitation.

2.

Learned counsel for respondent nos.1 & 2 puts an appearance on advance notice.

3.

Learned counsel for the petitioner submits that the original complaint was filed before the learned State Consumer Disputes Redressal Commission, Maharashtra and against that order appeal was moved before the learned NCDRC, which came to be dismissed vide the impugned 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 10/04/2024 at 12:18:12

4.

After addressing some submissions, the learned counsel admits that the entire cause of action in the present case has arisen in State Commission, Mumbai and only the first appeal has been preferred before the learned NCDRC 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], learned counsel seeks permission to withdraw the present petition with liberty to move before the appropriate forum as per law within four weeks. 5.

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

6.

Accordingly, the petition along with pending application stands disposed of.

SHALINDER KAUR, J APRIL 8, 2024 ab 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 10/04/2024 at 12:18:12