Dismissed

Parkwood Developers Private Limited v. Hardesh Mehta

Delhi HC13 Sept 2024CM(M)/3391/2024

Case brief

AI extract

What is this about?

The petitioner filed a writ petition under Article 227 challenging an NCDRC order. Citing Supreme Court jurisprudence on jurisdictional High Courts, the Court allowed withdrawal of the petition and granted liberty to approach the substantive jurisdiction.

What did the court decide?

The writ petition was allowed to be withdrawn with liberty to approach the jurisdictional High Court.

Parkwood Developers Private Limited Vs Hardesh… — Civil Procedure and Limitation | Delhi HC (2024)

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$~76

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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% Date of decision^: 13^th September, 2024

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- CM(M) 3391/2024 & CM APPL. 53662/2024

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PARKWOOD DEVELOPERS PRIVATE LIMITED

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.....Petitioner

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Through: Mr. Venket Rao with Mr. Pankaj Chandola, Advocates.

versus

HARDESH MEHTA

.....Respondent

Through:

CORAM:

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 08.04.2024 passed by Hon‟ble National Consumer Disputes Redressal Commission (in short „NCDRC‟) in Diary No. 38048/NCDRC/2023-FA.

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The above matter was filed before NCDRC impugning order dated 17.05.2021 and 10.05.2023 passed by the State Consumer Disputes Redressal Commission, Punjab, Chandigarh in Consumer Complaint No. 07/2021.

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Since the entire cause of action pertaining to the present subject matter has arisen within the jurisdiction of Punjab and Haryana High Court, relying upon judgment dated 04.03.2024 passed by Hon‟ble Supreme Court in Siddhartha S Mookerjee vs. Madhab Chand Mitter , Civil Appeal Nos.

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Signature Not Verified Digitally Signed By:SONIA THAPLIYAL Signing Da te:1 7.09.2024 18:47:03

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CM(M) 3391/2024 Page 1 of 2

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3915-16/2024, learned counsel for petitioner prays that she may be permitted to withdraw the present petition with liberty to approach said jurisdictional High Court.

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This Court has gone through the above 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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Moreover, this Court has already vide order dated 12.09.2024 passed in title M/S. TDI Infrastructure Ltd. vs. Birjendra Singh Mallik since Decessednthr LR in CM(M) No. 2933/2024 observed that in view of Siddhartha S Mookerjee (supra), any such petitioner should go to the “jurisdictional High Court”.

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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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SEPTEMBER 13, 2024/ sw

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Signature Not Verified

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CM(M) 3391/2024 Page 2 of 2

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Digitally Signed By:SONIA THAPLIYAL Signing Da te:1 7.09.2024 18:47:03

Parkwood Developers Private Limited v. Hardesh Mehta

Case brief

What is this about?

What did the court decide?

Parkwood Developers Private Limited v. Hardesh Mehta

Case brief

What is this about?

What did the court decide?

What the court decided

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