M/S. Premium Acres Infratech Pvt. Ltd. Vs Bobbel Nagra — Writ and Judicial Review | Delhi HC (2025)

M/S. Premium Acres Infratech Pvt. Ltd. Vs Bobbel Nagra — Writ and Judicial Review | Delhi HC (2025)

What the court decided

AI extract

Outcome

Withdrawal of the petition permitted, with liberty granted to the petitioner to approach the jurisdictional High Court (Punjab & Haryana High Court); copy of the order given dasti under the signatures of Court Master

Issue for consideration

Whether the instant Article 227 petition relating to an NCDRC Appeal Execution matter falls to be pursued with the jurisdictional High Court, given that the entire cause of action has arisen within the jurisdiction of the Punjab & Haryana High Court +1 more

Court's answer

Acting on the jurisdictional position that the matter belongs with the jurisdictional High Court (Punjab & Haryana High Court) and not the Delhi High Court, consistent with the Supreme Court judgment dated 04.03.2024 (Siddhartha S Mookerjee) and prior Delhi High Court rulings, the Court disposed of the petition as withdrawn

Ratio / Principle

The petitioner was permitted to withdraw the petition and was granted liberty, as prayed for, to approach the jurisdictional High Court

Key takeaways

The Court expressly clarified that it had not expressed any opinion whatsoever on the merits of the caseobiter¶21

Detailed headnote1 paragraphs

High Court of Delhi (Justice Ravinder Dudeja), order dated 18.02.2025: The Article 227 petition of M/S. Premium Acres Infratech Pvt. Ltd. challenging the NCDRC order dated 04.02.2025 (in I.A. No. 1337/2025 in Appeal Execution No. 88/2024), whereby the NCDRC dismissed the petitioner's application for clarification and directions for accepting the decretal amount of Rs. 6,84,476.05, was disposed of as withdrawn with liberty to approach the jurisdictional High Court (Punjab & Haryana High Court), since the entire cause of action had arisen within that jurisdiction. The Court relied on the Supreme Court judgment dated 04.03.2024 in Siddhartha S Mookerjee Vs. Madhab Chand Mitter (Civil Appeal No. 3915-16/2024) and noted prior Delhi High Court rulings — Trade Wings Vs. M.S.S. Asan Exports & Ors. (CM (M) 2103/2023) and General Manager, Punjab National Bank and Ors. Vs. Rohit Malhotra (2024 SCC Online Del. 6145) — directing such petitioners to the 'Jurisdictional High Court'. The Court expressly expressed no opinion on the merits of the case.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

- CM(M) 341/2025 & CM APPL. 9921/2025 PERMISSION TO FILE LENGTHY SYNOPSIS

M/S. PREMIUM ACRES INFRATECH PVT. LTD. .....Petitioner

Through: Mr. Sandeep S. Tiwari & Ms. Nainika Katyal, Advocates

versus

BOBBEL NAGRA .....Respondent Through:

CORAM: HON'BLE MR. JUSTICE RAVINDER DUDEJA

O R D E R

% 18.02.2025 CM APPL. 9920/2025 (Exemption)

Allowed, subject to all just exceptions.

Application stands disposed of.

CM(M) 341/2025

The present petition has been filed under Article 227 of the Constitution of India, challenging the order dated 04.02.2025, passed by the National Consumer Disputes Redressal Commission [“NCDRC”] in I.A. No. 1337/2025 in Appeal Execution No. 88/2024, whereby, the NCDRC dismissed the application filed by the petitioner for clarification and directions for accepting the decretal amount of Rs. 6,84,476.05, filed by the petitioner.

Since the entire cause of action pertaining to the present subject matter has arisen within the jurisdiction of Punjab & Haryana High Court, relying upon the judgment dated 04.03.2024 passed by the Supreme Court in

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 20/02/2025 at 12:08:19

the case of Siddhartha S Mookerjee Vs. Madhab Chand Mitter [Civil Appeal No. 3915-16/2024], the learned counsel for petitioner prays that the petitioner may be permitted to withdraw the present petition with liberty to approach the jurisdictional High Court.

The Court has gone through the above referred order wherein 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.

The Delhi High Court also in various judgments, including Trade Wings Vs. M.S.S. Asan Exports & Ors. CM (M) 2103/2023 as also General Manager, Punjab National Bank and Ors. Vs. Rohit Malhotra 2024 SCC Online Del. 6145 observed that in view of Siddhartha S. Mookerjee (supra), any such petitioner should go to the ‘Jurisdictional High Court’.

The petition accordingly stands disposed of as withdrawn and liberty, as prayed for, is granted.

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

Copy of the order be given dasti under the signatures of Court Master.

RAVINDER DUDEJA, J.

FEBRUARY 18, 2025 RM

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 20/02/2025 at 12:08:19