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DELHI HIGH COURT
C.HARI SHANKAR
Omaxe Buildhome Pvt. Ltd. – Appellant
Versus
Ibrat Faizan – Respondent
| Table of Content |
|---|
| 1. context of the case and urgency. (Para 1 , 1) |
| 2. maintainability under article 227 affirmed. (Para 2 , 14) |
| 3. limitation of appeal under consumer protection act. (Para 3 , 4 , 5 , 6) |
| 4. special leave petition's nature discussed. (Para 7 , 10 , 11) |
| 5. difference between supervisory and appellate jurisdiction. (Para 8 , 9 , 12 , 13) |
| 6. next steps for considering the petition. (Para 15 , 16) |
1. This matter has been taken up on priority basis in view of the order dated 21st March, 2022, passed by the Supreme Court in SLP(C) 4281/2022. The said order reads thus:
"The jurisdiction of the High Court, under Article 227 of the Constitution of India, against the order passed by the National Consumer Disputes Redressal Commission (NCDRC) is the moot question for consideration. As the matter is pending before the High Court and the next date of hearing is reported to be 29.03.2022, we request the High Court to decide the issue with respect to the jurisdiction of the High Court, under Article 227 of the Constitution of India, against the order passed by the National Consumer Disputes Redressal Commission (NCDRC) first which may be decided on or before 18.04.2022.
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