Dismissed

Oriental Insurance Co. Ltd. v. Shamsa Tausif and Ors.

Delhi HC6 Nov 2024CM(M)/161/2024

Case brief

AI extract

What is this about?

The Delhi High Court held the petition challenging an NCDRC order not maintainable due to lack of territorial jurisdiction, directing the petitioner to approach the Allahabad High Court. The execution petition was stayed subject to compliance of a prior stay order.

What did the court decide?

Petition disposed of as not maintainable; no coercive process in execution petition for four weeks.

Oriental Insurance Co. Ltd. Vs Shamsa Tausif and Ors. — Consumer Protection | Delhi HC (2024)

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$~77

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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% Date of Decision: 06^th November, 2024

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- CM(M) 161/2024 & CM APPL. 4942/2024 ORIENTAL INSURANCE CO. LTD. .....Petitioner Through: Ms. Sakshi Gupta, Advocate.

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versus

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SHAMSA TAUSIF AND ORS .....Respondent Through: Mr. Samarendra Kumar, Ms. Priyanka Singh, Mr. Adarsh Raj Singh and Mr. Sumit Chanchal, Advocate.

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CORAM:

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HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral)

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The present petition has been filed under Article 227 of the Constitution of India, challenging order dated 14.08.2023 in First Appeal No. 205/2015 passed by Hon‟ble National Consumer Disputes Redressal Commission (in short „NCDRC‟).

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The above matter was filed before NCDRC impugning order dated 16.12.2014 passed by the State Consumer Disputes Redressal Commission, Uttar Pradesh in Appeal No.141/2000.

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Since the entire cause of action pertaining to the present subject matter has arisen within the jurisdiction of Allahabad 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. 3915-16/2024, the petitioner should rather approach the concerned jurisdictional High Court.

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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

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CM(M) 161/2024 1

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Signature Not Verified

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Digitally Signed By:SONIA THAPLIYAL Signing Da te:0 7.11.2024 16:00:38

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dealt with by the State Commission of West Bengal, it was held that the jurisdiction of High Court of Calcutta should have been invoked.

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Moreover, this Court has already vide order dated 12.09.2024 passed in General Manager, Punjab National Bank and Others vs. Rohit Malhotra: (2024) SCC OnLine Del 6415 observed that in view of Siddhartha S Mookerjee (supra), any such petitioner should go to the “jurisdictional High Court”.

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In view of the above, the present petition is disposed of as not maintainable on account of lack of jurisdiction. All the rights and contentions of the parties are reserved.

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

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It is noticed that vide order dated 9^th February, 2024 passed by this Court, the impugned order was stayed, subject to deposit of Rs.7,06,797/with the learned SCDRC within four weeks and it is informed that such amount has already been deposited with learned SCDRC and has been kept in FDR.

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In view of the above, for a further period of four weeks from today, let no coercive process be taken in the Execution Petition in order to enable the petitioner herein to seek appropriate relief from the Jurisdictional High Court. 10. The petition stands disposed of in aforesaid terms.

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(MANOJ JAIN)

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JUDGE

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NOVEMBER 6, 2024/ss

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CM(M) 161/2024 2

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Signature Not Verified Digitally Signed By:SONIA THAPLIYAL Signing Da te:0 7.11.2024 16:00:38

Oriental Insurance Co. Ltd. v. Shamsa Tausif and Ors.

Case brief

What is this about?

What did the court decide?

Oriental Insurance Co. Ltd. v. Shamsa Tausif and Ors.

Case brief

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What did the court decide?

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