Kundan Rice Mills Limited v. The New India Assurance Company Ltd. & ORS.

$~98 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CM(M) 3461/2024 & CM APPL. 56049/2024 KUNDAN RICE MILLS LIMITED .....Petitioner Through:

Mr. Prithu Garg, Mr. Parth Bhatia and Mr. Shivam Singh, Advocates.

versus THE NEW INDIA ASSURANCE COMPANY LTD. & ORS.

.....Respondents Through:

CORAM:

HON'BLE MR. JUSTICE MANOJ JAIN

O R D E R

% 24.09.2024 1.

The present petition has been filed under Article 227 of the Constitution of India challenging order dated 07.02.2024 passed by Hon‟ble National Consumer Disputes Redressal Commission (in short „NCDRC‟) in Revision Petition No. 452/2017.

2.

The above matter was filed before NCDRC impugning order dated 20.09.2016 passed by the State Consumer Disputes Redressal Commission, Haryana in Complaint No. 301/2012.

3.

Since the entire cause of action pertaining to the present subject matter has arisen within the jurisdiction of Punjab and Haryana High Court, in view of judgment dated 04.03.2024 passed by Hon‟ble Supreme Court in Siddhartha S Mookerjee vs. Madhab Chand Mitter, Civil Appeal Nos. 391516/2024, the petitioner should rather approach the concerned jurisdictional CM(M) 3461/2024 1 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 01/10/2024 at 12:22:16

High Court.

4.

In Siddhartha S Mookerjee (supra), the Hon‟ble Supreme Court has, very categorically, observed that merely because NCDRC had allowed 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.

Moreover, this Court has already vide detailed order dated 12.09.2024 passed in M/S. TDI Infrastructure Ltd. vs. Birjendra Singh Mallik since Decessednthr LR in CM(M) No. 2933/2024 observed that in view of Siddhartha S Mookerjee (supra), any such petitioner should go to the "jurisdictional High Court".

6.

In view of the above, the present petition is disposed of as not maintainable on account of lack of jurisdiction. 7.

Needless to say, the petitioner would be at liberty to invoke the jurisdiction of the jurisdictional High Court i.e. Punjab and Haryana High Court by filing appropriate petition.

8.

All the rights and contentions of the parties are reserved. MANOJ JAIN, J SEPTEMBER 24, 2024/ss CM(M) 3461/2024 2 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 01/10/2024 at 12:22:16