In a writ challenge to NCDRC orders, the Delhi High Court allowed withdrawal of the petition with liberty to approach the jurisdictional High Court, noting cause of action arose in Chennai/West Bengal. Court made no opinion on merits.
petition disposed of as withdrawn; liberty granted to approach jurisdictional High Court.
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TRADE WINGS .....Petitioner
Through: Mr. P. Sureshan, Advocate.
versus
M.S.S. ASAN EXPORTS AND ORS .....Respondents Through:
CORAM: HON'BLE MR. JUSTICE RAVINDER DUDEJA
%
O R D E R 11.11.2024
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 14/11/2024 at 11:46:32
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 Calcutta should have been invoked.
RAVINDER DUDEJA, J.
NOVEMBER 11, 2024 / ib
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 14/11/2024 at 11:46:32
2 issues framed by the court
Whether petitioner should be permitted to withdraw jurisdiction challenge petition in favour of jurisdictional High Court.
Whether liberty to approach jurisdictional High Court should be granted upon withdrawal.
Colour shows how this judgement treated each authority
Siddhartha S Mookerjee Vs. Madhab Chand MitterReferred¶12
Siddhartha S Mookerjee Vs. Madhab Chand Mitter [Civil Appeal No. 3915-16/2024]
General Manager, Punjab National Bank and Ors. Vs. Rohit MalhotraReferred¶17
General Manager, Punjab National Bank and Ors. Vs. Rohit Malhotra 2024 SCC Online Del. 6145 · Who else cites this
Trade Wings
M.S.S. Asan Exports and Ors.
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
