SUNDER SINGH NEGI v. THE ORIENTAL INSURANCE COMPANY LTD
WPMS/1371/2025 · 2025-05-15
Manoj Kumar Tiwari
body2025
DailyLaw.ai
[ 2025 DAILYLAW 6407 (UTT) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 6407 (UTT) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2025:UHC:3971 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s
order with Signatures COURT’S OR JUDGE’S ORDERS
WPMS No. 1371 of 2025 Hon’ble Manoj Kumar Tiwari, J.
Mr. Sandeep Adhikari, Advocate for the petitioner.
2. Petitioner filed a complaint before District Consumer Disputes Redressal Commission, Nainital, which was allowed vide
judgment dated 22.07.2023. Respondent no. 1 challenged the said judgment in an appeal before State Commission by filing an appeal, which is numbered as First Appeal No. A/100/2023.
3. This writ petition has been filed by the petitioner seeking a direction to the State Commission to expedite hearing of the appeal. Reliance has been placed upon a
judgment rendered by Hon’ble Supreme Court in the case of Ibrat Faizan v. Omaxe Buildhome Private Limited, reported in (2023) 11 SCC 594. Paragraph No. 24 of the said
judgment is reproduced below:-
“24. In view of the above discussion and for the reasons stated above and subject to the observations made hereinabove, it cannot be said that a writ petition under Article 227 of the Constitution before the High Court concerned against the
order passed by the National Commission in an appeal under Section 58(1)(a)(iii) of the 2019 Act was not maintainable. We are in complete agreement with the view taken by the High Court. As the matter on merits is yet to be considered by the High Court, we do not express anything on merits in favour of either of the parties. However, it is observed that while considering the question of interim relief/stay, the High Court will bear in mind the observations made hereinabove.”
2025:UHC:3971
4. Having regard to the fact that appeal was filed by respondent no. 1 in the month of September, 2023, writ petition is disposed of with a request to the State Commission to make endeavour to decide the Appeal within two months from the date of presentation of certified copy of this order.
(Manoj Kumar Tiwari, J.)
15.05.2025 Navin
NAVEEN CHANDRA Digitally signed by NAVEEN CHANDRA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3be23325146e76a0642bdf4943fb9046f487df006da 82a131bb4e4403d3c0a15, postalCode=263001, st=UTTARAKHAND, serialNumber=18167EEFB5CA8CFFD421A103819DA875643 AF56D653D095C6ED9A86DAAB21CE5, cn=NAVEEN CHANDRA Date: 2025.05.15 17:10:08 -07'00'