IBRAT FAIZAN Vs. OMAXE BUILDHOME PRIVATE LIMITED

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the impugned interim order passed by the High Court of Delhi at New Delhi dtd. 22/12/2021 passed in CM(M) No. 1196/2021, by which the learned Single Judge of the High Court has stayed order dtd. 9/12/2021 passed by the National Consumer Disputes Redressal Commission, New Delhi (for short, National Commission), while hearing a writ petition filed under Article 227 of the Constitution of India, in which the respondent herein challenged the judgment and order passed by the National Commission in First Appeal No. 250/2021, the original respondent before the High Court has preferred the present appeal.

(2.) Pursuant to the earlier order passed by this Court dtd. 21/3/2022 in the special leave petition, by a detailed order dtd. 31/3/2022, the learned Single Judge of the High Court has answered the question of jurisdiction and has held that against the order passed by the National Commission dtd. 9/12/2021 in First appeal No. 250/2021, a writ petition would be maintainable under Article 227 of the Constitution of India. By way of Interlocutory Application No. 58657/2022, the appellant herein has sought permission to amend the special leave petition, which is allowed.

(3.) Feeling aggrieved and dissatisfied with the order passed by the High Court holding that against the order passed by the National Commission passed in an appeal under Sec. 58(1)(a)(iii) of the Consumer Protection Act, 2019 (hereinafter referred to as the 2019 Act), a writ petition under Article 227 of the Constitution of India would be maintainable, the original respondent before the High Court has preferred the present appeal before this Court.