Supreme Court of India

Ibrat Faizan v. Omaxe Buildhome Private Limited

Neutral citation
Bench M. R. Shah and B. V. Nagarathna JJ.
Decided 13 May 2022

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

2 Supreme Court benches have cited this judgment.

What the Court ordered

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 of India before the concerned High Court against the order passed by the National Commission in an appeal under Section 58(1)(a)(iii) of the 2019 Act was not maintainable.

Judgment, page 15

From the headnote

Constitution of India: Art. 227 – Petition under – Maintainability of, against the order of National Consumer Dispute Redressal Commission in an appeal u/s. 58(1)(a)(iii) – Held: Is maintainable – National Commission can be said to be a ‘tribunal’ which is vested by Statute the powers to determine conclusively the rights of two or more contending parties with regard to any matter in controversy between them – It satisfies the test of an authority vested with the judicial powers of the State and thus, regarded as a ‘tribunal’ within the meaning of Art. 227 and/or 136 – Also, in a given case…

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