1

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. OF 2022

[Arising out of SLP(C) No. 3139 of 2022]

ALL INDIA INSTITUTE OF

MEDICAL SCIENCES

Appellant(s)

VERSUS

MANISH KUMAR & ORS.

Respondent(s)

O R D E R

Leave granted.

The appeal challenges the order passed by the

learned Single Judge of the Delhi High Court dated

01.03.2021, whereby the learned Single Judge has set

aside the order passed by the learned National

Consumer Disputes Redressal Commission (in short "the

learned Commission") dated 25.01.2019, vide which the

learned Commission had condoned the delay in filing

the written statement of the appellant.

We have heard Mr. Anuj Jain, learned counsel

appearing for the appellant and Ms. Kanika Agnihotri,

learned counsel appearing for the respondent(s).

Ms. Agnihotri, learned counsel submits that in

view of judgment of the Constitution Bench of this

Court in New India Assurance Company Ltd. Vs. Hilli

Digitally signed by

DEEPAK SINGH

Date: 2022.09.09

10:35:18 IST

Reason:

Signature Not Verified

2

Multipurpose Cold Storage Pvt. Ltd. reported in (2020)

5 SCC 577, the learned Commission does not have a

jurisdiction to accept the written statement beyond a

period of 45 days. She, therefore, submits that order

of the learned Commission which condoned the delay

without even there being an application was rightly

set aside by the High Court.

In the peculiar facts and circumstances of the

present case, we find that the High Court was not

justified in interfering with an order of the learned

Commission which permitted the respondent(s) to put up

their defence.

It is further to be noted that this Court in the

case of Diamond Exports & Anr. Vs. United Indian

Insurance Company Ltd. & Ors. reported in (2022) 4 SCC

169 vide judgment dated 24.12.2021 has held that the

judgment in the case of New India Assurance Company

Ltd.(Supra) will have a prospective operation.

The order passed by the learned Commission dated

25.01.2019 is much before the judgment in the case of

New India Assurance Company Ltd.(Supra) which was

decided on 04.03.2020.

In that view of the matter, the judgment and

order passed by the High Court is set aside.

3

In the facts and circumstances of the present

case, we request the learned Commission to decide the

complaint of the respondent(s) expeditiously and, in

any case, within a period of six months from today.

We make it clear that the appellant shall not

take any adjournment when the matter is fixed and

cooperate with expeditious disposal of the complaint.

The appeal is disposed of in the above terms.

Pending applications, if any, stand disposed of.

….........................J

(B.R. GAVAI)

...........................J

(C.T. RAVIKUMAR )

New Delhi

September 02, 2022

4

ITEM NO.8 COURT NO.13 SECTION XIV

S U P R E M E C O U R T O F I N D I A

RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (C) No(s). 3139/2022

(Arising out of impugned final judgment and order dated 01-03-2021

in CM(M) No. 285/2019 passed by the High Court Of Delhi At New

Delhi)

ALL INDIA INSTITUTE OF MEDICAL SCIENCES Petitioner(s)

VERSUS

MANISH KUMAR & ORS. Respondent(s)

(FOR ADMISSION )

Date : 02-09-2022 This petition was called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE B.R. GAVAI

HON'BLE MR. JUSTICE C.T. RAVIKUMAR

For Petitioner(s)

Mr. Anuj Jain, Advocate

Mr. Shashank Singh, AOR

For Respondent(s)

Ms. Kanika Agnihotri, Adv.

Ms. Niharika Ahluwalia, AOR

Mr. Arpit Sharma, Adv.

UPON hearing the counsel the Court made the following

O R D E R

Leave granted.

The appeal is disposed of in te