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2012 Supreme(Cal) 575

SANJIB BANERJEE
Oriental Insurance Company Ltd. – Appellant
Versus
Vikrant Refrigeration (Pvt. ) Ltd. – Respondent


Advocates Appeared:
Mr. Gopal Chandra Ghosh and Soumen Das for the Petitioner.
Mr. Manas Kumar Ghosh and Susmita Dey (Basu) for the Opposite Parties.

JUDGMENT

The insurance company seeks to challenge an order passed by the State Consumer Forum allowing a claim under the Consumer Protection Act, 1986. It is the admitted position that such order is appellable under the said Act.

2. The petitioner insists that the fact that an appeal is available to a party will not stand in the way of the High Court exercising of its authority under Article 227 of the Constitution and receiving a grievance of the present kind. In support of such contention, the petitioner refers to a judgment reported at (2003) 6 SCC 675 which was rendered on the scope of Articles 226 and 227 of the Constitution in the light of the 2002 amendment to the Civil Procedure Code that restricted the operation of Section 115 of the Code. The petitioner says that it has been recognised by the Supreme Court that when there is an erroneous assumption of jurisdiction by a judicial or quasi-judicial forum over which the High Court exercises superintendence and a complaint in such regard is carried under Article 227 of the Constitution, the High Court will not refuse to entertain the same merely because the order impugned is appellable.

3. The petitioner refers to Clause 7 of t










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