TDI INFRASTRUCTURE LTD. Vs. BIRJENDRA SINGH MALLIK

JUDGEMENT

(1.) A common question has arisen in all the abovesaid petitions and with the concurrence of all the concerned counsel, when these matters were heard on 1/8/2024, CM(M) 2933/2024 was agreed to be taken as a lead matter though the other counsel were also permitted to address arguments.

(2.) The question is whether an order passed by Hon'ble National Consumer Disputes Redressal Commission (in short 'NCDRC'), while considering any appeal or revision impugning order passed by State Commission, other than the State Commission of Delhi, can be challenged under Article 227 of the Constitution of India before this Court or should any such petitioner go to the jurisdictional High Court where the cause of action, in the first instance, had arisen.

(3.) Indubitably, the issue seems squarely covered in view of recent pronouncement dtd. 4/3/2024 of Hon'ble Supreme Court in Siddhartha S Mookerjee vs. Madhab Chand Mitter in Civil Appeal Nos. 3915-16/2024 and following the above pronouncement, many other similarly situated petitioners had withdrawn their respective petitions with liberty to approach the concerned jurisdictional High Courts.