Cloud 9 Prjoects Private Limited vs Anubhav Gupta & Ors.

$~36
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 14.07.2026
+ W.P.(C) 8752/2026, CM APPL. 41103/2026, CM APPL.
41104/2026 & CM APPL. 41105/2026
CLOUD 9 PRJOECTS PRIVATE LIMITED .....Petitioner
Through: Mr. Ashish Dholakia, Senior
Advocate, Mr. Ankur
Khandelwal, Mr. Chirag
Sharma, Mr. Alok Nayak, Ms.
Meghna Jandu, Advocates.

versus

ANUBHAV GUPTA & ORS. .....Respondents

Through: Mr. Uttam Datt, Senior
Advocate with Ms. Sonakshi
Singh, Mr. Kumar Bhaskar,
and Mr. Naman Kumar,
Advocates.
CORAM:
HON’BLE DR. JUSTICE SWARANA KANTA SHARMA
JUDGMENT
DR. SWARANA KANTA SHARMA, J. ( Oral )

1. By way of the present writ petition, the petitioner is seeking
following prayers:
“(a) Issue a writ of certiorari or any other appropriate writ,
order or direction setting aside the Impugned Review Order
dated 06.02.2026 passed in Review Application No. 14 of
2026 and the First NCDRC Order dated 07.05.2024 passed by
the Hon‟ble National Consumer Disputes Redressal
Commission, New Delhi in Consumer Complaint No.938 of
W.P.(C) 8752/2026 Page 1 of 6
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By:ZEENAT PRAVEEN
Signing Date:14.07.2026
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2017, and all subsequent and consequential proceedings
emanating therefrom;
(b) Quash the proceedings of the Execution Petition, i.e.
Execution Application No. 141 of 2025 pending before the
Hon‟ble National Consumer Disputes Redressal Commission,
New Delhi along with the orders dated 31.07.2025 and
29.10.2025 passed in the said Execution Application.
(c) Grant an urgent ad-interim stay on the further proceedings
in Execution Application No. 141 of 2025 and on the
operation of the Impugned Orders dated 31.07.2025 and
29.10.2025, including a stay on all coercive steps against the
Petitioner and its directors, pending the final hearing and
disposal of the present Review Petition.”

2. The learned senior counsel appearing for the petitioner argues
that the issue raised in this petition is as to whether the order
07.05.2024 passed by the National Consumer Disputes Redressal
Commission [hereafter „ NCDRC ‟] in CC bearing no. 938/2017,
suffers from the fatal and incurable defect of coram non judice , since
it was passed by a single-member Bench of NCDRC. He states that
the petitioner had earlier filed a writ petition, i.e. W.P.(C) 329/2026
before this Court, which was withdrawn after addressing some
arguments, after obtaining liberty to approach the NCDRC and file a
review application. It is further stated that the Review Application
no. 14/2026 filed by the petitioner has been dismissed by the
NCDRC vide impugned order dated 06.02.2024.
3. The learned senior counsel appearing for the petitioner argues
that the proceedings before the NCDRC and the orders passed by it
are non-est and suffer from inherent illegality since, as per the
mandate of law and the statutory provisions, the coram for the Bench
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Digitally Signed
By:ZEENAT PRAVEEN
Signing Date:14.07.2026
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passing such orders mandatorily consists of two members. It is also
argued that in several similar matters, Coordinate Benches of this
Court have been pleased to issue notice and stay the operation of
such orders/proceedings.
4. The learned senior counsel appearing for the respondent,
however, argues that the issue raised by the petitioner in this petition
question is pending adjudication before the Hon‟ble Supreme Court.
In this regard, he relies on the order dated 20.02.2024 passed by the
Hon‟ble Supreme Court in case of The New India Assurance Co.
Ltd. v. M/s Aczet Private Limited: Civil Appeal No. 3743/202 3. In
addition, he has also placed on record an order dated 28.04.2025,
passed by the Hon‟ble Supreme Court in Civil Appeal No.
5056/2025 , wherein the Hon‟ble Supreme Court had been pleased to
grant stay of the order impugned therein, however, the petitioners
therein had been directed to deposit the entire amount awarded by the
NCDRC.
5. Therefore, it is contended by the learned senior counsel
appearing for the respondent that the appropriate remedy for the
petitioner is to approach the Hon‟ble Supreme Court by way of filing
a statutory appeal as per Section 67 of the Consumer Protection Act,
2019 [hereafter „ CPA, 2019 ‟].
6. This Court has heard arguments addressed on behalf of the
petitioner as well as the respondent, and has perused the material
available on record.
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Digitally Signed
By:ZEENAT PRAVEEN
Signing Date:14.07.2026
17:08:18

7. Having carefully perused the case file and the material placed
on record, this Court is of the opinion that though the learned senior
counsel appearing for the petitioner has emphatically argued, and has
also relied upon orders passed by the Predecessor/Coordinate
Benches of this Court entertaining and even granting interim stay in
such cases, on the premise that an order suffering from the defect of
coram non judice is non-est , this Court is unable to agree with the
contention that the present writ petition deserves to be entertained,
since the orders placed on record by the respondent clearly reveal that
the Hon‟ble Supreme Court is presently seized of the very issue
raised in the present petition and is examining the same in several
statutory appeals.
8. In this regard, it would be apposite to set out the relevant
portion of order dated 20.02.2024 passed by the Hon‟ble Supreme
Court in case of The New India Assurance Co. Ltd. (supra) :
“1. One of the issue of seminal importance raised on behalf of
the appellant is whether the composition of two-member Bench
of a Tribunal like the National Consumer Disputes Redressal
Commission („NCDRC‟) must include a Judicial Member, who
should also be the Presiding Member of the Bench. Since the
determination of the issue is likely to have its impact on the
composition of various Tribunals constituted under the
different statutes, we request the learned Attorney General for
India, duly assisted by one of the Additional Solicitor General,
to assist the Court on the next date of hearing.”

9. Apart from the aforesaid order, various other orders of the
Hon‟ble Supreme Court have also been placed on record by both the
petitioner and the respondent, which indicate that statutory appeals
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By:ZEENAT PRAVEEN
Signing Date:14.07.2026
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involving the same issue are pending consideration before the
Hon‟ble Supreme Court.
10. Moreover, concededly, as per Section 67 of CPA, 2019, a
statutory appeal against an order passed by the NCDRC lies directly
before the Hon‟ble Supreme Court, and the petitioner herein could
have preferred the same.
11. This Court also takes note of the fact that, in the present case,
the impugned order has been passed by a sole judicial member
(President) of the NCDRC and not by a sole non-judicial member. Be
that as it may, the petitioner‟s contention that the impugned order is
vitiated on account of the alleged defect of coram non judice is a
ground that can appropriately be urged before the Hon‟ble Supreme
Court in the statutory appeal.
12. In these circumstances, when the Hon‟ble Supreme Court is
already examining the issue raised in the present petition in a batch of
appeals, and the statute, i.e. CPA, 2019 itself provides an efficacious
appellate remedy before the Hon‟ble Supreme Court, judicial
propriety and discipline require this Court to refrain from examining
the same issue in exercise of its writ jurisdiction.
13. Accordingly, this Court does not find any ground to entertain
the present writ petition.
14. The present writ petition is, accordingly, dismissed. Pending
applications also stand disposed of.
15. The petitioner shall, however, be at liberty to avail of such
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Digitally Signed
By:ZEENAT PRAVEEN
Signing Date:14.07.2026
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remedies as may be available to it in law, including by preferring a
statutory appeal before the Hon‟ble Supreme Court, wherein all
grounds available to it, including the plea of coram non judice , may
be urged.
16. The order be uploaded on the website forthwith.


DR. SWARANA KANTA SHARMA, J
JULY 14, 2026/vc

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Digitally Signed
By:ZEENAT PRAVEEN
Signing Date:14.07.2026
17:08:18