Station In Charge , Durg Railway Station ORS. v. Jameel Ahmad & ANR.

$~79 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CM(M) 4075/2024 STATION IN CHARGE , DURG RAILWAY STATION ORS.

.....Petitioners Through:

Mr. Siddharth Sinha, SPC with Mr.

Nring Chamwibo Zeliang, Ms. Anu Priya Nisha Minz, Ms. Jyoti.

Fartiyal & Mr. Niranwan Marde, Advs.

versus JAMEEL AHMAD & ANR.

.....Respondents Through:

None.

CORAM:

HON'BLE MR. JUSTICE RAVINDER DUDEJA

O R D E R

% 12.12.2024 CM APPL. 72955/2024 (Exemption) & CM APPL. 72956/2024 (Exemption) Allowed, subject to all just exceptions.

Both the applications stand disposed of.

CM APPL. 72957/2024 (For filing lengthy synopsis) For the reasons stated in the application, the application is allowed. Application stands disposed of.

CM(M) 4075/2024 & CM APPL. 72954/2024 (Stay) 1.

The present petition has been filed under Article 227 of the Constitution of Indian challenging the order dated 21.03.2024 passed by National Consumer Disputes Redressal Commission ["NCDRC"] in 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 03:32:53

Revision Petition No.2083/2018.

2.

Since the entire cause of action pertaining to the present subject matter has arisen within the jurisdiction of Chhattisgarh High Court, relying upon the judgment dated 04.03.2024 passed by the Supreme Court in the case of Siddhartha S Mookerjee Vs. Madhab Chand Mitter [Civil Appeal No. 3915-16/2024], the learned counsel for petitioners prays that the petitioner may be permitted to withdraw the present petition with liberty to approach the jurisdictional High Court.

3.

The Court has gone through the above referred order wherein the Supreme Court has very categorically observed that merely because NCDRC had allowed the petition, the jurisdiction would not vest with the Delhi High Court and observing that since the cause of action has arisen in Kolkata and the matter has been dealt with by the State Commission of West Bengal, it was held that the jurisdiction of the High Court of Kolkata should have been invoked.

4.

This Court also, vide judgment dated 12.09.2024 passed in General Manager, Punjab National Bank and Ors. Vs. Rohit Malhotra 2024 SCC Online Del. 6145 observed that in view of Siddhartha S. Mookerjee (supra), any such petitioner should go to the 'Jurisdictional High Court'. 5.

The petition accordingly stands disposed of as withdrawn and liberty, as prayed for, is granted.

6.

It is however, made clear that this Court has not expressed any opinion, whatsoever on the merits of the case. RAVINDER DUDEJA, J DECEMBER 12, 2024 /sk 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 03:32:53