JBB EVEREST BUILDTECH PRIVATE LIMITED & ORS. vs MAHAVIR SINGHAL

Judgment text excerpt

$~65 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 30th April, 2025 + CM(M) 789/2025 & CM APPL. 25782-25784/2025 JBB EVEREST BUILDTECH PRIVATE LIMITED & ORS. .....Petitioners Through: Mr. Kunal Godhwani with Ms. Kinjal Chadha, Advocates. versus MAHAVIR SINGHAL .....Respondent Through: None CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. Respondent – Mahavir Singhal had filed a complaint against the petitioners herein, which was registered as CC/335/2024. Such complaint has been allowed by the learned District Consumer Disputes Redressal Commission – VI, New Delhi vide order dated 07.03.2025. 2. Such order has been challenged by filing present petition under Article 227 of the Constitution of India. 3. According to learned counsel for the petitioners, the order is completely without jurisdiction and despite the fact that the learned District Commission was apprised that a Resolution Plan had already been approved by the Hon’ble National Company Law Tribunal (NCLT) and a new management had taken over the Company and that no such order could have been passed against the petitioner, such contentions have been brushed aside, casually. It is in the abovesaid premise that the present petition has been filed before this Court, instead of filing an appeal before the learned State Signature Not Verified Digitally Signed CM(M) 789/2025 1 By:SONIA THAPLIYAL Signing Date:21.05.2025 10:40:05 Commission, New Delhi. 4. Learned counsel for the petitioner strongly relies upon Ghanshyam Mishra and Son Pvt. Ltd. vs. Edelweiss Asset Reconstruction Company and Ors.: (2021) 9 SCC 657 and submits that it is not, always, required to relegate any such party to the alternative remedy and a party cannot be made to run from one forum to another in respect of proceedi