M. R. SHAH, B. V. NAGARATHNA
Ibrat Faizan – Appellant
Versus
Omaxe Buildhome Private Limited – Respondent
No, the Supreme Court did not hold that an order of the National Commission under Section 58(1)(a)(iii) of the Consumer Protection Act, 2019, will thus be heard by a Division Bench of the High Court. (!) (!) [1000756670001][1000756670011] (!) (!) (!) [1000756670013] (!) (!)
The Supreme Court held that the National Commission qualifies as a 'Tribunal' under Article 227 of the Constitution because it is statutorily vested with powers to conclusively determine rights between contending parties, satisfying the test of an authority exercising judicial powers of the State. [1000756670011] (!) (!) (!)
A writ petition under Article 227 before the concerned High Court is maintainable against such an order (where no statutory appeal to the Supreme Court lies under Section 67), as an accessible remedy promoting justice at lower cost compared to Article 136. (!) (!) [1000756670012][1000756670013] (!)
However, the judgment does not hold or direct that such writ petitions must be heard by a Division Bench. Article 227 jurisdiction must be exercised within its parameters and rigour, but the Court upheld the High Court's entertainment of the petition (by a Single Judge in this case) without mandating a Division Bench. [1000756670001][1000756670006][1000756670013] (!) (!)
JUDGMENT :
M.R. SHAH, J.
1. Feeling aggrieved and dissatisfied with the impugned interim order passed by the High Court of Delhi at New Delhi dated 22.12.2021 passed in CM(M) No. 1196/2021, by which the learned Single Judge of the High Court has stayed order dated 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 dated 21.03.2022 in the special leave petition, by a detailed order dated 31.03.2022, 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 dated 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 a
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