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M/S UNIVERSAL SOMPO GENERAL INSURANCE CO. LTD. vs. SURESH CHAND JAIN & ANR.

SCR Citation: [2023] 10 S.C.R. 1155
Year/Volume: 2023/ Volume 10
Date of Judgment: 26 July 2023
Petitioner: M/S UNIVERSAL SOMPO GENERAL INSURANCE CO. LTD.
Disposal Nature: Petition Disposed Off
Neutral Citation: 2023 INSC 649
Judgment Delivered by: Hon'ble Mr. Justice J.B. Pardiwala
Respondent: SURESH CHAND JAIN & ANR.
Case Type: SPECIAL LEAVE PETITION (CIVIL) /5263/2023
Order/Judgment: Judgment
1. Headnote

Constitution of India:Art. 136 – Special Leave to appeal – Order passed by theNational Consumer Disputes Redressal Commission-NCDRC inexercise of its appellate jurisdiction u/s.58(1)(a)(iii) – Petitionseeking special leave to appeal u/Art. 136 – Entertainability of,when remedies available by way of writ petition u/Arts. 226 and227 before the High Court – Held: Remedy of appeal to this Courtis available only with respect to the orders passed by the NCDRC inexercise of its powers conferred by s. 21(a)(i) of the 1986 Act ands. 58(1)(a)(i) or s. 58(1)(a)(ii) of the 2019 Act – Both the Acts providefor the remedy of appeal to this Court only with respect to the orderswhich are passed by the NCDRC in its original jurisdiction or asthe court of first instance (original orders) and no further appeallies against the orders which are passed by the NCDRC in exerciseof its appellate or revisional jurisdiction – Thus, the petition shouldnot be adjudicate on merits – Petitioner to avail remedy either u/Art.226 or u/Art. 227 before the High Court – Consumer ProtectionAct, 1986 – ss. 17, 19 – Consumer Protection Act, 2019.Art. 136 – Special leave to appeal under – Scope and grantof – Discussed.

2. Case referred
3. Act
  • Constitution Of India
4. Keyword
  • Constitution of India: Art. 136 – Special Leave to appeal