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M/S. AARTI EXTRACTIONS PVT. LTD. v. NEW INDIA ASSURANCE CO.LTD.

Supreme Court of India | Diary 15705/2022

Status

Order

Decided On

2024-12-11

Bench

HON'BLE MR. JUSTICE S.V.N. BHATTI, HON'BLE MR. JUSTICE HRISHIKESH ROY

Petitioner

M/S. AARTI EXTRACTIONS PVT. LTD.

Respondent

NEW INDIA ASSURANCE CO.LTD.

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Full Judgment Text

1

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO(S).4507-4508/2022

M/S. AARTI EXTRACTIONS PVT. LTD. Appellant(s)

VERSUS

NEW INDIA ASSURANCE CO.LTD. Respondent(s)

O R D E R

Heard Mr. Abhimanyu Kumar Singla, learned counsel

appearing for the appellant. Also heard Mr. Aditya Kumar,

learned counsel for the Insurance Company - respondent.

2. The judgment in Univesal Sompo General Insurance Company

Limited vs. Suresh Chand Jain & Another reported in 2024 (9)

SCC 148 is produced before us by Mr. Aditya Kumar, learned

counsel for the Insurance Company to say that Supreme Court

may not be the appropriate forum for redressal, to challenge

the decision of the National Consumer Dispute Redressal

Commission, Delhi. In support of such contention, the

counsel relies on Paragraph 39 of the judgment, which is

extracted hereinbelow:-

“39. In the aforesaid view of the matter, we have reached

to the conclusion that we should not adjudicate this

petition on merits. We must ask the petitioner herein to

first go before the jurisdictional High Court either by

way of a writ application under Article 226 of the

Constitution or by invoking the supervisory jurisdiction

of the jurisdictional High Court under Article 227 of the

2

Constitution. Of course, after the High Court adjudicates

and passes a final order, it...

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