Kamlesh Kumar Mishra vs Green Earth Infraventures Private ...
2024 Latest Caselaw 6570 Del

Delhi High Court

Kamlesh Kumar Mishra vs Green Earth Infraventures Private ... on 3 October, 2024

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                          *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                          %                        Date of decision: 03rd October, 2024
                          +      CM(M) 2110/2024
                                 KAMLESH KUMAR MISHRA                                 .....Petitioner
                                                     Through:     None.

                                                     versus

                                 GREEN EARTH INFRAVENTURES PRIVATE LIMITED &
                                 ORS.                                    .....Respondents
                                              Through: Mr. Md. Absar Ahmad, Mr. Kush
                                                        Gupta, Mr. Shamim Saifi, Advocates.
                                 CORAM:
                                 HON'BLE MR. JUSTICE MANOJ JAIN
                                              J U D G M E N T (oral)

1. None appears on behalf of the petitioner.

2. The present petition has been filed under Article 227 of the Constitution of India, challenging order dated 22.11.2023 in Revision Petition No. 782/2020 passed by Hon‟ble National Consumer Disputes Redressal Commission (in short „NCDRC‟).

3. The above matter was filed before NCDRC impugning order dated 09.06.2020 passed by the State Consumer Disputes Redressal Commission, Chhattisgarh in Appeal No.178/2020.

4. Since the entire cause of action pertaining to the present subject matter has arisen within the jurisdiction of Chhattisgarh 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.

5. 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.

6. Moreover, this Court has already vide detailed order dated 12.09.2024 passed in M/S. TDI Infrastructure Ltd. vs. Birjendra Singh Mallik 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".

7. In view of the above, the present petition is disposed of as not maintainable on account of lack of jurisdiction. All the rights and contentions of the parties are reserved.

8. Needless to say, the petitioner would be at liberty to invoke the jurisdiction of the jurisdictional High Court i.e. Chhattisgarh Court by filing appropriate petition.

9. The petition stands disposed of in aforesaid terms.

(MANOJ JAIN) JUDGE OCTOBER 03, 2024/st