Provat Kumar Pal vs Dr. Nilabha Bhaduri And Anr
2024 Latest Caselaw 6762 Del

Delhi High Court

Provat Kumar Pal vs Dr. Nilabha Bhaduri And Anr on 14 October, 2024

                          $~86
                          *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                          %                     Date of Decision: 14th October, 2024
                          +      CM(M) 3600/2024 & CM APPL. 60144/2024
                                 PROVAT KUMAR PAL
                                                                                       .....Petitioner
                                                    Through:     Mr. T V George, Advocate.

                                                    versus

                                 DR. NILABHA BHADURI AND 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 12.01.2024 passed by Hon‟ble National Consumer Disputes Redressal Commission (in short „NCDRC‟) in First Appeal No. 183 of 2019.

2. The above matter was filed before NCDRC impugning order dated 28.12.2018 passed by the State Consumer Disputes Redressal Commission, West Bengal in Complaint No.94/2011.

3. Since the entire cause of action pertaining to the present subject matter has arisen within the jurisdiction of Calcutta High Court, relying upon 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, learned counsel for petitioner prays that the petitioner may be permitted to

withdraw the present petition with liberty to approach said jurisdictional High 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 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 order dated 12.09.2024 passed in General Manager, Punjab National Bank and Others vs. Rohit Malhotra:

(2024) SCC OnLine Del 6415 observed that in view of Siddhartha S Mookerjee (supra), any such petitioner should go to the "jurisdictional High Court".

6. The petition stands disposed of as withdrawn. Liberty, as prayed for, is granted.

7. It is, however, made clear that this Court has not expressed any opinion, whatsoever, over the merits of the case.

(MANOJ JAIN) JUDGE OCTOBER 14, 2024/sw