Parkwood Developers Pvt. Ltd. v. Rajeshwar Salaria

$~82 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CM(M) 2447/2024 & CM APPL. 49727/2024 PARKWOOD DEVELOPERS PVT. LTD.

.....Petitioner Through:

Mr. Maninder Singh, Sr. Advocate with Ms. Smriti Asmita, Advocates.

versus RAJESHWAR SALARIA .....Respondent Through:

None.

CORAM:

HON'BLE MR. JUSTICE MANOJ JAIN

O R D E R

% 29.08.2024 1.

The present petition is fixed for 06.09.2024 and the matter has been taken up today on the basis of one application moved by the petitioner seeking urgent directions.

2.

After hearing arguments for some time, learned counsel for petitioner states that entire cause of action pertaining to the present subject matter has arisen within the jurisdiction of Punjab and while relying upon judgment dated 04.03.2024 passed by Hon'ble Supreme Court in Siddhartha S Mookerjee vs. Madhab Chand Mitter, Civil Appeal Nos. 3915-16/2024, learned counsel for petitioner prays that he may be permitted to withdraw the present petition with liberty to approach the jurisdictional High Court. 3.

This Court has gone through said order wherein 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 CM(M) 2447/2024 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 31/08/2024 at 11:30:11

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. 4.

In view of above, the present petition is disposed of as withdrawn and liberty as prayed is given.

5.

Since it is apprised that the Execution Petition is coming up for further consideration before the State Commission, Mohali, Punjab tomorrow i.e. 30.08.2024 itself and the petitioner anticipates coercive process being issued and since, the petitioner has now withdrawn the present petition with liberty to invoke the jurisdiction of concerned jurisdictional High Court, let no coercive process be taken against the petitioner for a period of 10 days from today.

6.

Petition stands disposed of in the aforesaid terms. 7.

Order dasti under the signatures of Court Master. 8.

The date already fixed i.e. 06.09.2024 stands cancelled. MANOJ JAIN, J AUGUST 29, 2024/sw CM(M) 2447/2024 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 31/08/2024 at 11:30:11