Petition under Article 226 challenging NCDRC order was disposed of as withdrawn with liberty to approach jurisdictional High Court, based on Supreme Court's Siddhartha S Mookerjee judgment on locus standi.
Petition disposed of as withdrawn with liberty to approach the jurisdictional High Court.
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ASTER EYE HOSPITAL & ANR. .....Petitioners
Through: Mr. Salil Paul, Mr. Sahil Paul, Mr. Sandeep Dayal, Advocates with petitioner in person.
versus
MASTER ANKIT .....Respondent Through:
CORAM: HON'BLE MR. JUSTICE RAVINDER DUDEJA
O R D E R % 03.12.2024
This is a digitally signed order. 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 06/12/2024 at 12:09:43
Court has categorically stated 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 jurisdiction of the High Court of Calcutta should have been invoked.
RAVINDER DUDEJA, J
DECEMBER 3, 2024/ vp
This is a digitally signed order. 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 06/12/2024 at 12:09:43
3 issues framed by the court
Whether petitioner can withdraw petition under Article 226 and be permitted to approach jurisdictional High Court.
Whether inter-slide that matter caused in consumer dispute arise in the forum of jurisdiction of Delhi High Court.
Whether this court has not expressed any opinion on merits of the case before disposing the petition.
Colour shows how this judgement treated each authority
Siddhartha S Mookerjee & Anr. Vs. Madhab Chand Mitter & Anr.Relied on¶11
Siddhartha S Mookerjee & Anr. Vs. Madhab Chand Mitter & Anr., Civil Appeal No. 3915-16/2024
General Manager, Punjab National Bank and Ors. Vs. Rohit MalhotraReferred¶15
General Manager, Punjab National Bank and Ors. Vs. Rohit Malhotra, 2024 SCC OnLine Del 6145 · Who else cites this
1 provisions across 1 enactments
Aster Eye Hospital & Anr.
Master Ankit
Ravinder Dudeja
As recorded by the court registry
A petition under Article 227 of the Constitution invoking the High Court's supervisory jurisdiction over subordinate civil courts.
Judgements on the same questions, provisions and authorities, from every court
