Supreme Court - Daily Orders
M/S. Tdi Infrastructure Pvt. Ltd. vs Nirmal Agarwal on 26 August, 2016
Bench: Dipak Misra, C. Nagappan
CA D 24187/16
1
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. OF 2016
(D.No.24187/2016)
M/s. TDI Infrastructure Pvt. Ltd. Appellant(s)
Versus
Nirmal Agarwal Respondent(s)
O R D E R
Heard Mr. Shyam Divan, learned senior counsel for the petitioner.
Delay condoned.
It is submitted by Mr. Divan, learned senior counsel that the National Consumer Disputes Redressal Commission, New Delhi, (for short, 'the National Commission') could not have exercised jurisdiction as the respondent is not consumer in view of the decision rendered in Ganeshlal vs. Shyam (2014) 14 SCC 773.
Having heard learned senior counsel for the petitioner and regard being had to the pronouncement in Ganeshlal (supra), without expressing any opinion on the merits of the case, we grant liberty to the petitioner to Signature Not Verified Digitally signed by file a review before the National Commission within a period CHETAN KUMAR Date: 2016.09.01 17:31:34 IST Reason: of four weeks from today. If the application for review is filed within the stipulated time, the same shall be disposed CA D 24187/16 2 of on merits, without being thrown at the threshold. In case the petitioner does not succeed in review application, liberty is granted to it to challenge the order passed in the review application, as well as the principal/main order passed in the Complaint Case No.526 of 2015.
With the aforesaid observation and direction, the appeal stands disposed of.
......................J. (Dipak Misra) ......................J. (C. Nagappan) New Delhi;
August 26, 2016.
CA D 24187/16 3 ITEM NO.41 COURT NO.4 SECTION XVII S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Civil Appeal No. (Dy.No.24187/2016) M/S. TDI INFRASTRUCTURE PVT. LTD. Appellant(s) VERSUS NIRMAL AGARWAL Respondent(s)
(With appln. (s) for condonation of delay in filing appeal and office report) Date : 26/08/2016 This appeal was called on for hearing today. CORAM :
HON'BLE MR. JUSTICE DIPAK MISRA HON'BLE MR. JUSTICE C. NAGAPPAN For Appellant(s) Mr. Shyam Divan, Sr. Adv.
Ms. Kanika Agnihotri, Adv. Mr. Vaibhav Agnihotri, Adv. Ms. Supriya Juneja, AOR Ms. Mehaak Jaggi, Adv.
Mr. Srinivas, Adv.
For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Delay condoned.
The appeal stands disposed of in terms of the signed order.
(Chetan Kumar) (Shakti Parkash Sharma)
Court Master Court Master
(Signed order is placed on the file)