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High Court of DelhiCM(M)/2305/2024

Union Bank Of India v. Union Of India & ANR.

2024-04-08Hon'Ble Ms. Justice Shalinder Kaur2 pages

$~64 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CM(M) 2305/2024 UNION BANK OF INDIA ..... Petitioner Through:

Mr. Arun Kumar Shukla, Mr. Naman Shukla and Mr. Yasharth, Advs.

versus UNION OF INDIA & ANR.

..... Respondents Through:

Ms. Anushkaa Arora, Senior Panel Counsel with Mr. Yash Tyagi and Ms. Yukta Kathuria, Advs. for R-1.

CORAM:

HON'BLE MS. JUSTICE SHALINDER KAUR

O R D E R

% 08.04.2024 CM APPL. 20668/2024 (exemption) 1.

Allowed, subject to all just exceptions.

2.

Applications stands disposed of.

CM(M) 2305/2024 & CM APPL. 20669/2024-21 days in re-filing & CM APPL. 20667/2024-stay 3.

The present petition under Article 227 of the Constitution of India has been filed impugning the order dated 25.09.2023 passed by the learned National Consumer Disputes Redressal Commission (―NCDRC‖) in revision petition no. 42 of 2023 titled as ―Union Bank of India vs. Sh. Surendra Ram‖ whereby the learned NCDRC dismissed the revision petition of the petitioner on the ground of limitation.

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 12:18:29

4.

Learned counsel for the petitioner submits that the original complaint was filed before the learned State Consumer Disputes Redressal Commission, Uttar Pradesh and against that order, appeal was moved before the learned NCDRC, which came to be dismissed vide the impugned order. 5.

After addressing some submissions, learned counsel for the petitioner admits that the entire cause of action in the present case has arisen in Uttar Pradesh except that the appeal before the learned NCDRC 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], learned counsel for the petitioner seeks permission to withdraw the present petition with liberty to move before the appropriate forum as per law, within a period of six weeks. 6.

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

7.

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

SHALINDER KAUR, J APRIL 8, 2024/ss 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 12:18:29