Sherwood Officers Society (Regd). vs Sh. Kamaljit Singh & Anr.
2024 Latest Caselaw 6867 Del

Delhi High Court

Sherwood Officers Society (Regd). vs Sh. Kamaljit Singh & Anr. on 21 October, 2024

                          $~91
                          *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                          %                                Date of Decision: 21st October, 2024
                          +    CM(M) 2124/2023 & CM APPL. 61866/2024
                               SHERWOOD OFFICERS SOCIETY (REGD).
                                                                                            .....Petitioner
                                                  Through: Mr. Ayush Mittal, Advocate.
                                                  versus
                               SH. KAMALJIT SINGH & ANR.                              .....Respondent
                                                  Through: None.
                               CORAM:
                               HON'BLE MR. JUSTICE MANOJ JAIN
                                                  J U D G M E N T (oral)

1. The above said petition is fixed for 12.12.2024.

2. The application has been moved seeking stay of the execution and the next date before the learned Executing Court i.e. Punjab State Consumer Disputes Redressal Commission, Chandigarh is stated to be 05.11.2024

3. The present petition has been filed under Article 227 of the Constitution of India challenging order dated 25.07.2023 passed by learned National Consumer Disputes Redressal Commission (in short „NCDRC‟) in First Appeal No. 92/2022.

4. The above matter was filed before learned NCDRC impugning order dated 06.03.2018 passed by the State Consumer Disputes Redressal Commission, Punjab in Complaint No.339/2017.

5. Since the entire cause of action pertaining to the present subject matter has arisen within the jurisdiction of Punjab and Haryana 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.

6. 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.

7. 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".

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 The petition stands disposed of as withdrawn.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

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

10. In order to enable the petitioner herein to approach the jurisdictional High Court and to obtain relief, if any, from such jurisdiction High Court, no coercive process be taken out in the above said Execution Petition for a period of two weeks from today.

11. The next date stands cancelled.

(MANOJ JAIN) JUDGE OCTOBER 21, 2024/sw