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M/S Taneja Developers And ... vs Madhavi Bhargav & Ors on 18 September, 2024

                                    $~97
                                    *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                                    +    CM(M) 310/2023 & CM APPL. 9411/2023
                                         M/S TANEJA DEVELOPERS AND INFRASTRUCTURE LTD.
                                                                                       .....Petitioner
                                                        Through: Mr. Abhisek Das for Mr. Vaibhav
                                                                  Agnihotri, Advocate.

                                                                                      versus

                                                MADHAVI BHARGAV & ORS.
                                                                                                                           .....Respondent
                                                                                      Through:                 None.

                                                CORAM:
                                                HON'BLE MR. JUSTICE MANOJ JAIN
                                                             ORDER

% 18.09.2024

1. The present petition has been filed under Article 227 of the Constitution of India challenging order dated 23.11.2022 passed by Hon‟ble National Consumer Disputes Redressal Commission (in short „NCDRC‟) in First Appeal No. 609/2019.

2. The above matter was filed before NCDRC impugning order dated 16.01.2019 passed by the State Consumer Disputes Redressal Commission, Punjab in Complaint No. 720/2018.

3. Since the entire cause of action pertaining to the present subject matter has arisen within the jurisdiction of Punjab and Haryana High Court, in view of judgment dated 04.03.2024 passed by Hon‟ble Supreme Court in Siddhartha S Mookerjee vs. Madhab Chand Mitter, Civil Appeal Nos. 3915-16/2024, the petitioner should rather approach the concerned jurisdictional High Court.

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 19/09/2024 at 23:44:10

4. In Siddhartha S Mookerjee (supra), the Hon‟ble Supreme Court has, very categorically, observed that merely because NCDRC 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. Moreover, this Court has already vide detailed order dated 12.09.2024 passed in M/S. TDI Infrastructure Ltd. vs. Birjendra Singh Mallik since Decessednthr LR in CM(M) No. 2933/2024 observed that in view of Siddhartha S Mookerjee (supra), any such petitioner should go to the "jurisdictional High Court".

6. In view of the above, the present petition is disposed of as not maintainable on account of lack of jurisdiction.

7. Needless to say, the petitioner would be at liberty to invoke the jurisdiction of the jurisdictional High Court i.e. Punjab and Haryana High Court by filing appropriate petition.

8. All the rights and contentions of the parties are reserved.

MANOJ JAIN, J SEPTEMBER 18, 2024/ss CM(M) 310/2023 2 This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 19/09/2024 at 23:44:10