S NAGAMONY vs M/S AXIS BANK LIMITED REPRESENTED BY ITS BRANCH MANAGER

Judgment text excerpt

$~29 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 26th March, 2025 + CM(M) 2591/2024 S NAGAMONY ....Petitioner Through: Mr. S. Mahendran, Advocate. versus M/S AXIS BANK LIMITED REPRESENTED BY ITS BRANCH MANAGER .....Respondent Through: Mr. Anupam Singh and Ms. Nika Tiwari, Advocates for Axis Bank Ltd. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. The present petition has been filed under Article 227 of the Constitution of India challenging order dated 26.02.2024 passed by learned National Consumer Disputes Redressal Commission (in short „NCDRC‟) in Appeal No. 114/2024. 2. The above matter was filed before learned NCDRC impugning order dated 24.03.2023 passed by Tamil Nadu State Consumer Disputes Redressal Commission, Circuit Bench, Madurai in Complaint No.18/2020. 3. 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 Signature Not Verified Digitally Signed CM(M) 2591/2024 1 By:SONIA THAPLIYAL Signing Date:27.03.2025 14:41:05 Court. 4. This Court has gone through the above said 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 Ca