The Bench of Justices Vikram Nath and Ahsanuddin Amanullah today while allowing a petitioner to withdraw SLP passed an order permitting to choose to file a petition against the order passed by the National Consumer Dispute Redressal Commission before the Jurisdictional High Court or Delhi  High Court and left to the High court to pass an order on jurisdiction.

The order of the Supreme Court came in a petition filed by a petitioner aggrieved by the order of NCDRC. The counsel appearing for the petitioner Archana Pathak Dave argued that if a petition is to be filed under Article 226 it is the jurisdictional High Court and if the petition is filed under Article 227 it has to be before the Delhi High Court since the NCDRC is situated in Delhi.

Recently Justice JB Pardiwala had passed an order in this regard that a petition against the order of NCDRC is to be filed before the High Court and restarined to file a petition directly in the Supreme Court. The order of the Supreme Court had come in the case of M/s Universal Sompo General Insurance Company Ltd. Vs. Suresh Chandra Jain and Anr. SLP (C) No. 5263/2023.

The court passed the following order:-

Ms. Archana Pathak Dave, learned counsel appearing for the petitioner states that although she has instructions to withdraw these petitions, however petitioner has a serious doubt as to whether which High Court to approach; the jurisdictional High Court where the State Commission had passed the order or the High Court where the National Commission is situated. The choice is of the petitioner to decide as to which High Court to approach, as per the Judgment of this Court in the case of ‘M/s. Universal Sompo General Insurance Co. Ltd. vs. Suresh Chand Jain & Anr.’ passed in SLP(Civil) No. 5263 of 2023 decided on 26.07.2023.

Learned counsel for the respondents have an objection to the option being exercised by the petitioner in choosing the High Court.

In case, the respondents wish to file objection regarding jurisdiction they would be free to raise it before the High Court."

Case Details:-

Banarasi Devi V. Pink City Heart and General Hospital & Ors.

SLP (C) NO. 16987-88/2023

Click here to read/download the order