Disposed

M/S Ajmer Foods Products Pvt. Ltd. v. the Oriental Insurance Co. Ltd. & Anr.

Delhi HC12 Aug 2024CM(M)/3157/2024

Case brief

AI extract

What is this about?

Petition under Article 227 challenged an NCDRC order arising from Rajasthan proceedings. Following a Supreme Court ruling that jurisdiction lies with the High Court where the cause of action arose, the petition was withdrawn with liberty to approach the jurisdictional High Court; no merits opinion expressed.

What did the court decide?

Permission to withdraw the petition with liberty to approach the jurisdictional High Court.

M/S Ajmer Foods Products Pvt. Ltd. Vs the Oriental… — Consumer Protection | Delhi HC (2024)

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$~85

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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% Date of decision^: 12^th August, 2024

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- CM(M) 3157/2024, CM APPL. 46107/2024, CM APPL. 46108/2024 & CM APPL. 46109/2024

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M/S AJMER FOODS PRODUCTS PVT. LTD.

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.....Petitioner

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Through: Mr. M L Lahoty with Mr. Paban Kumar Sharma, Mr. Anchit Sripat and Mr. Pranab Kuma Nayak, Advocates.

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versus

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THE ORIENTAL INSURANCE CO. LTD & ANR.

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.....Respondent Through: None.

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CORAM:

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HON'BLE MR. JUSTICE MANOJ JAIN

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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 02.04.2024 passed by Hon’ble National Consumer Disputes Redressal Commission (in short ‘NCDRC’) in First Appeal No.857/2019.

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Said Appeal was filed before NCDRC impugning order dated 25.03.2019 passed by the State Consumer Disputes Redressal Commission, Jaipur, Rajasthan in Complaint No.CC 36/2012.

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Since the entire cause of action pertaining to the present subject matter has arisen within the jurisdiction of Rajasthan, relying upon judgment dated

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CM(M) 3157/2024 1

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Signature Not Verified Digitally Signed By:SONIA THAPLIYAL Signing Da te:1 3.08.2024 17:41:49

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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.

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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 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.

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The situation is precisely the same here, too.

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The petition stands disposed of as withdrawn. Liberty, as prayed for, is granted.

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It is, however, made clear that this Court has not expressed any opinion, whatsoever, over the merits of the case.

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(MANOJ JAIN) JUDGE

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AUGUST 12, 2024/ sw

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Signature Not Verified

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CM(M) 3157/2024 2

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Digitally Signed By:SONIA THAPLIYAL Signing Da te:1 3.08.2024 17:41:49

M/S Ajmer Foods Products Pvt. Ltd. v. the Oriental Insurance Co. Ltd. & Anr.

Case brief

What is this about?

What did the court decide?

M/S Ajmer Foods Products Pvt. Ltd. v. the Oriental Insurance Co. Ltd. & Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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