High Court of DelhiW.P.(C)/15864/2023

Pramod Kumar Gupta And ANR v. Central Bank Of India And ORS

2024-03-20Hon'Ble Mr. Justice Subramonium Prasad3 pages

$~56 to 58 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 15772/2023 & CM APPL. 63359/2023 PRAMOD KUMAR GUPTA ..... Petitioner Through:

Ms. Saroj Tripathi, Mr. Naveen Kumar Tripathi and Mr. Sanjay Kumar Pandey, Advocates.

versus CENTRAL BANK OF INDIA AND ORS.

..... Respondents Through:

Ms. Meera Mathur, Advocate for R-1 to 3.

+ W.P.(C) 15863/2023 & CM APPL. 63816/2023 VISHAL GUPTA ..... Petitioner Through:

Ms. Saroj Tripathi, Mr. Naveen Kumar Tripathi and Mr. Sanjay Kumar Pandey, Advocates.

versus CENTRAL BANK OF INDIA AND ORS.

..... Respondents Through:

Ms. Meera Mathur, Advocate for R-1 to 3.

+ W.P.(C) 15864/2023 & CM APPLs. 63819/2023, 63821/2023 PRAMOD KUMAR GUPTA AND ANR.

..... Petitioners Through:

Ms. Saroj Tripathi, Mr. Naveen Kumar Tripathi and Mr. Sanjay Kumar Pandey, Advocates.

versus CENTRAL BANK OF INDIA AND ORS.

..... Respondents The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Through:

Ms. Meera Mathur, Advocate for R-1 to 3.

CORAM:

HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

O R D E R

% 20.03.2024 1.

W.P.(C) 15772/2023 has been filed challenging the Order dated 25.07.2023 passed by the NCDRC allowing the Revision Petition bearing No.1049/2020 setting aside the Order dated 16.03.2020 passed by the State Commission and Order dated 22.12.2017 passed by the District Forum and remanding back the case to the District Forum for fresh disposal on merits. 2.

W.P.(C) 15863/2023 has been filed challenging the Order dated 25.07.2023 passed by the NCDRC allowing the Revision Petition bearing No.1047/2020 setting aside the Order dated 16.03.2020 passed by the State Commission and Order dated 22.12.2017 passed by the District Forum and remanding back the matter to the District Forum for fresh disposal on merits. 3.

W.P.(C) 15864/2023 has been filed challenging the Order dated 25.07.2023 passed by the NCDRC allowing the Revision Petition bearing No.1048/2020 setting aside the Order dated 16.03.2020 passed by the State Commission and Order dated 22.12.2017 passed by the District Forum and remanding back the matter to the District Forum for fresh disposal on merits. 4.

The short submission of the learned Counsel for the Petitioner is that the National Commission in exercising its jurisdiction under Section 21 of the Consumer Protection Act, 2019 ought not to have remanded the matter back and could have decided the matter as remanding the matter back will delay the procedure and result in unnecessary expense. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

In view of the fact that the National Commission vide Impugned Order dated 25.07.2023 remanded the matters back to the District Forum for a fresh disposal on merits since it could not have entered into the thicket of facts by comparing the signatures of the Petitioners on the withdrawal forms submitted by the Respondent Bank, this Court finds no infirmity in the Impugned Order dated 25.07.2023. However, since the complaint was filed in the year 2013 and more than 11 years have passed, the District Forum is requested to decide the matters as expeditiously as possible, preferably within six weeks from today.

The writ petitions are disposed of, along with pending application(s), if any.

It is made clear that this Court has not made any observations on the merits of the cases. It is for the District Forum to take a decision as to whether the opinion of the CFSL regarding the signatures should be called or not.

SUBRAMONIUM PRASAD, J MARCH 20, 2024 S. Zakir The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.