Disposed¶17

Sh Bhagwat Singh v. New India Assurance Company Limited & Anr.

Delhi HC22 May 2025CM(M)/329/2025

Case brief

AI extract

What is this about?

Territorial jurisdiction of High Courts over Article 227 petitions against NCDRC orders; withdrawal with liberty to approach the jurisdictional High Court; consumer disputes — New India Assurance Co. Ltd.; reliance on Siddhartha S Mookerjee (2024 SCC OnLine SC 4205) and General Manager, PNB v. Rohit Malhotra ((2024) SCC OnLine Del 6415); Delhi High Court; Manoj Jain, J.; decided 22.05.2025.

What did the court decide?

Petition permitted to be withdrawn with liberty to invoke the jurisdiction of the jurisdictional High Court by filing an appropriate petition within six weeks. ¶17

Sh Bhagwat Singh Vs New India Assurance Company… — Writ and Judicial Review | Delhi HC (2025)

What the court decided

AI extract

Outcome

Petition permitted to be withdrawn with liberty to invoke the jurisdiction of the jurisdictional High Court by filing an appropriate petition within six weeks.

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Issue for consideration

Whether the present Article 227 petition challenging the NCDRC order should be entertained by this Court, given that the cause of action has arisen within the jurisdiction of another High Court.

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Court's answer

A petitioner whose cause of action has arisen within the jurisdiction of another High Court should approach the jurisdictional High Court; in such cases the mere seat of the NCDRC in Delhi does not vest jurisdiction with the Delhi High Court.

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Ratio / Principle

The petition stands disposed of as withdrawn, with liberty to invoke the jurisdiction of the jurisdictional High Court by filing an appropriate petition within six weeks.

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Key takeaways

No opinion whatsoever has been expressed by this Court on the merits of the case.obiter¶19

Detailed headnote1 paragraphs

CM(M) 329/2025 — Sh Bhagwat Singh v. New India Assurance Company Limited & Anr. (Manoj Jain, J.; decision dated 22.05.2025): Petition under Article 227 of the Constitution of India challenging order dated 14.03.2024 of the NCDRC in Revision Petition No. 895/2022, which had impugned the order dated 30.03.2024 of the Uttar Pradesh State Consumer Disputes Redressal Commission in First Appeal No. 81/2021. Since the cause of action had arisen within the jurisdiction of another High Court, reliance was placed on the Supreme Court's judgment dated 04.03.2024 in Siddhartha S Mookerjee vs. Madhab Chand Mitter, 2024 SCC OnLine SC 4205 (per which the mere fact that the NCDRC has its seat in Delhi does not vest jurisdiction in the Delhi High Court) and on this Court's earlier order dated 12.09.2024 in General Manager, Punjab National Bank and Others vs. Rohit Malhotra, (2024) SCC OnLine Del 6415. Petition disposed of as withdrawn with liberty to file an appropriate petition before the jurisdictional High Court within six weeks; no opinion expressed on the merits.

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$~61

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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% Date of Decision: 22^nd May, 2025

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- CM(M) 329/2025 & CM APPL. 9640/2025 SH BHAGWAT SINGH .....Petitioner Through: Mr. Pawan Kumar Sharma with Ms. Bhumkika Aggarwal and Mr. Malay Swapnil, Advocates.

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versus

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NEW INDIA ASSURANCE COMPANY LIMITED & ANR.

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.....Respondent

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Through: None. 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 14.03.2024 passed by learned National Consumer Disputes Redressal Commission (in short “NCDRC”) in Revision Petition No. 895/2022.

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The above matter was filed before learned NCDRC impugning order dated 30.03.2024 passed by Uttar Pradesh State Consumer Disputes Redressal Commission, in First Appeal No.81/2021.

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Since the cause of action pertaining to the present subject matter has arisen within the jurisdiction of other High Court, relying upon judgment dated 04.03.2024 passed by Hon’ble Supreme Court in Siddhartha S Mookerjee vs. Madhab Chand Mitter, 2024 SCC OnLine SC 4205 , learned counsel for petitioner now prays that the petitioner may be permitted to withdraw the present petition with liberty to approach the jurisdictional High Court.

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CM(M) 329/2025 1

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Signature Not Verified Digitally Signed By:SONIA THAPLIYAL Signing Da te:2 4.05.2025 13:13:14

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This Court has gone through the abovesaid order wherein the Hon‟ble Supreme Court has, very categorically, observed that merely because NCDRC, having seat in Delhi, 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 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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The petition stands disposed of as withdrawn with liberty to invoke the jurisdiction of the jurisdictional High Court by filing appropriate petition within six weeks.

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The petition stands disposed of in aforesaid terms.

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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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MAY 22, 2025 /sw/SS

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Signature Not Verified

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CM(M) 329/2025 2

¶24

Digitally Signed By:SONIA THAPLIYAL Signing Da te:2 4.05.2025 13:13:14

Sh Bhagwat Singh v. New India Assurance Company Limited & Anr.

Case brief

What is this about?

What did the court decide?

Sh Bhagwat Singh v. New India Assurance Company Limited & Anr.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Cases cited

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Procedural history

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