Rahul Dubey v. Satyam Developers & ANR.
$~63 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CM(M) 2760/2024 RAHUL DUBEY .....Petitioner Through:
Mr. Rajat Kapoor, Advocate.
versus SATYAM DEVELOPERS & ANR.
....Respondents Through:
None
CORAM:
HON'BLE MR. JUSTICE MANOJ JAIN
O R D E R
% 08.07.2024 CM(M) 2760/2024 & CM APPL. 37365/2024 (for withdrawal) 1.
The present petition has been filed under Article 227 of the Constitution of India challenging order dated 18.03.2024 passed by Hon'ble National Consumer Disputes Redressal Commission (in short 'NCDRC') in First Appeal No. 686/2021.
2.
Admittedly, said Appeal had been filed before NCDRC impugning order dated 16.09.2021 passed by the State Consumer Disputes Redressal Commission, Maharashtra, in Complaint No.CC/17/775. 3.
Since the cause of action pertaining to the present subject matter has arisen within the jurisdiction of Maharashtra, relying upon order dated 04.03.2024 passed by the Hon'ble Supreme Court in Siddhartha S Mookerjee vs. Madhab Chand Mitter, Civil Appeal Nos. 3915-16/2024, learned counsel for appellant prays that he may be permitted to withdraw the present petition with liberty to approach the jurisdictional High Court within CM(M) 2760/2024 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 02/07/2025 at 03:49:58
six weeks from today.
4.
This Court has gone through said order wherein the Hon'ble Supreme Court has, very categorically, observed that merely because NCDRC had allowed revision petition, the jurisdiction would not vest with Delhi High Court and observing that since the cause of action had arisen in Kolkata and the matter had been dealt with by the State Commission of West Bengal, it was held that the jurisdiction of High Court of Calcutta should have been invoked.
5.
The situation is precisely the same here, too. 6.
The petition stands disposed of as withdrawn. Liberty, as prayed for, is granted.
7.
It is, however, made clear that this Court has not expressed any opinion, whatsoever, over the merits of the case. MANOJ JAIN, J JULY 8, 2024 st CM(M) 2760/2024 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 02/07/2025 at 03:49:58