SH BHAGWAT SINGH vs NEW INDIA ASSURANCE COMPANY LIMITED & ANR.

Judgment text excerpt

$~61 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 22nd May, 2025 + CM(M) 329/2025 & CM APPL. 9640/2025 SH BHAGWAT SINGH .....Petitioner Through: Mr. Pawan Kumar Sharma with Ms. Bhumkika Aggarwal and Mr. Malay Swapnil, Advocates. versus NEW INDIA ASSURANCE COMPANY LIMITED & ANR. .....Respondent Through: None. 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 14.03.2024 passed by learned National Consumer Disputes Redressal Commission (in short “NCDRC”) in Revision Petition No. 895/2022. 2. The above matter was filed before learned NCDRC impugning order dated 30.03.2024 passed by Uttar Pradesh State Consumer Disputes Redressal Commission, in First Appeal No.81/2021. 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 Court. Signature Not Verified Digitally Signed CM(M) 329/2025 1 By:SONIA THAPLIYAL Signing Date:24.05.2025 13:13:14 4. This Court has gone through the abovesaid 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 Cal