DR. ANJALI RAIZADA & ANR. vs ALIYA ALIAS ALI HUSSAIN & ORS.

Judgment text excerpt

$~57 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 14th May, 2025 + CM(M) 1996/2023 & CM APPL. 62822/2023 & CM APPL. 37370/2024 DR. ANJALI RAIZADA & ANR. .....Petitioners Through: Mr. Vaibhav Agbihotri with Mr.Harshit Kiran, Mr. Himaghn Jain, Advocates. versus ALIYA ALIAS ALI HUSSAIN & ORS. .....Respondents Through: Mr. Harsh Kumar with Mr. Hemang with Mr. Abdul Hameed Khan and Mr. Sidharth Tulsi Ganeshan, Advocates for respondent No.4. 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 21.09.2023 passed by learned National Consumer Disputes Redressal Commission (in short „NCDRC‟) in Revision Petition No. 1882/2023. 2. The above matter was filed before learned NCDRC impugning order dated 11.02.2020 passed by M.P. State Consumer Disputes Redressal Commission, Bhopal in First Appeal No.1661/2016. 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 Signature Not Verified Digitally Signed CM(M) 1996/2023 1 By:SONIA THAPLIYAL Signing Date:17.05.2025 12:07:52 withdraw the present petition with liberty to approach the jurisdictional High 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 Kolk