PRABHA vs INDORE DEVELOPMENT AUTHORITY AND ANR & ANR.

Judgment text excerpt

$~20 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 16th May, 2025 + CM(M) 1924/2023 PRABHA .....Petitioner Through: Mr. Vikram Bhaskar, Advocate (through VC). versus INDORE DEVELOPMENT AUTHORITY AND ANR & ANR. .....Respondent Through: Mr. Anil K Sharma, Adv (through VC). 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 18.04.2023 passed by learned National Consumer Disputes Redressal Commission (in short „NCDRC‟) in Revision Petition No. 2742/2011. 2. The above matter was filed before learned NCDRC impugning order dated 08.05.2011 passed by State Consumer Disputes Redressal Commission, Bhopal in First Appeal No.246/2009. 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) 1924/2023 1 By:SONIA THAPLIYAL Signing Date:17.05.2025 16:49:37 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 Calcutta should have been invoked. 5. Moreove