Vikas Dhawan & Anr. Vs Magnum International Trading… — Writ and Judicial Review | Delhi HC (2025)

Vikas Dhawan & Anr. Vs Magnum International Trading… — Writ and Judicial Review | Delhi HC (2025)

What the court decided

AI extract

Outcome

Request/direction to the learned NCDRC to take up and decide complaint bearing CC No.42/2018 as expeditiously as possible, preferably within 03 months; a copy of the order to be sent to the learned NCDRC for necessary compliance; pending applications, if any, also disposed of.

Issue for consideration

Whether the High Court should direct the learned NCDRC to dispose of complaint bearing CC No.42/2018 pending before that forum expeditiously and in a time-bound manner (petitioners sought disposal preferably within 04 weeks).

Court's answer

In view of the relief sought, it was not considered necessary to issue notice to the respondent, since the respondent cannot possibly oppose expeditious disposal of the matter.

Ratio / Principle

The record bears out the submission that the matter has been needlessly delayed.

Key takeaways

The petition is disposed of with a request to the learned NCDRC to take up and decide complaint bearing CC No.42/2018 as expeditiously as possible, and preferably within 03 months from the date of the order.ratio¶8

Detailed headnote1 paragraphs

Delhi High Court (Anup Jairam Bhambhani, J.), order dated 12.03.2025 in CM(M) 486/2025: Petitioners Vikas Dhawan & Anr., by petition under Article 227 of the Constitution of India, sought a direction to the NCDRC to dispose of complaint bearing CC No.42/2018 pending before it expeditiously, preferably within 04 weeks (respondent: Magnum International Trading Company Pvt Ltd). The application raising preliminary objections had been dismissed by the forum vide order dated 18.03.2019; the respondent's challenge to that order finally traversed to the Supreme Court, which vide order dated 12.03.2024 upheld the forum's order and dismissed the respondent's appeals as infructuous. Vide order dated 06.12.2024 the forum fixed the matter as Item No.1 for final hearing on 19.12.2024, but did not assemble that day and the matter stood posted to 08.05.2025 — an adjournment of about 05 months. Finding the record bore out needless delay, and holding notice to the respondent unnecessary since it cannot oppose expeditious disposal, the Court disposed of the petition with a request to the NCDRC to take up and decide CC No.42/2018 as expeditiously as possible, preferably within 03 months, and directed that a copy of the order be sent to the NCDRC for necessary compliance. CM APPL. 15208/2025 (exemption) was granted subject to just exceptions and disposed of.

$~65

IN THE HIGH COURT OF DELHI AT NEW DELHI

CM(M) 486/2025

VIKAS DHAWAN & ANR. .....Petitioners Through: Mr. Rajesh Yadav, Senior Advocate, Mr. Sambit Nanda, Ms. Samaya Khanna and Mr. Sumit Singh, Advocates.

versus

MAGNUM INTERNATIONAL TRADING COMPANY PVT LTD .....Respondent

Through:

CORAM: HON’BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI

O R D E R % 12.03.2025

CM APPL. 15208/2025 (exemption)

Exemption granted, subject to just exceptions.

The application stands disposed-of.

CM(M) 486/2025

By way of the present petition filed under Article 227 of the Constitution of India, the petitioners seek a direction to the learned National Consumer Disputes Redressal Commission (‘NCDRC’) to dispose-of the complaint bearing CC No.42/2018 pending before that forum expeditiously and in a time bound manner, preferably within 04 weeks.

Mr. Rajesh Yadav, learned senior counsel appearing for the petitioners submits that after an application raising preliminary

CM(M) 486/2025

Page 1 of 3

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 20/03/2025 at 12:31:04

objections was dismissed by the forum vide order dated 18.03.2019, the matter was placed for “final hearing” on 18.07.2019.

It is pointed-out that subsequently order dated 18.03.2019 was challenged by the respondent before this court; and finally traversed to the Supreme Court; and vide order dated 12.03.2024 the Supreme Court upheld order dated 18.03.2019 passed by the learned forum and dismissed the appeals filed by the respondent as infructuous.

It is further pointed-out that thereafter, vide order dated 06.12.2024, the learned forum placed the matter as Item No.1 for final hearing on 19.12.2024.

It is submitted however, that on 19.12.2024 the matter did not reflect as Item No.1 on the cause list of the learned forum; but since in any case the forum did not assemble on that day, the matter has now been posted to 08.05.2025.

Learned senior counsel submits that the matter is getting unduly delayed; and moreover, having placed the matter for final hearing as Item No.1 on 19.12.2024, the matter has thereafter been adjourned by about 05 months.

In view of the relief sought, it is not considered necessary to issue notice to the respondent, since the respondent cannot possibly oppose expeditious disposal of the matter. The record bears-out the submission that the matter has been needlessly delayed.

In the circumstances, the present petition is disposed-of with a request to the learned NCDRC to take-up and decide complaint bearing CC No.42/2018 pending before it as expeditiously as possible, and preferably within 03 months from today.

CM(M) 486/2025

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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 20/03/2025 at 12:31:04

A copy of this order be sent to the learned NCDRC for necessary compliance.

Petition is disposed-of.

Pending applications, if any, also stand disposed-of.

ANUP JAIRAM BHAMBHANI, J

MARCH 12, 2025

ss

CM(M) 486/2025

Page 3 of 3

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 20/03/2025 at 12:31:04