Authority: Supreme Court of India, Civil Appellate Jurisdiction

Order Date: 22 August 2026

Case Overview

  • Parties: Appellant Rahul Kothari & Anr vs. Respondent ML Medical Enterprises Private Limited & Ors.
  • Origin: Appeal (Civil Appeal No.11750/2026, Diary No.45791/2026) arising from the impugned final Judgment and Order dated 10‑06‑2026 passed by the National Consumer Disputes Redressal Commission (NCDRC), New Delhi (NC/CC No. 166/2024).
  • Background: The NCDRC had granted the appellants liberty to invoke the jurisdiction of an appropriate Court and to rely on Section 14 of the Limitation Act, 1963, considering the time spent prosecuting the complaint.
  • Counsel for Petitioners: Mr. Partha Sil (AOR), Ms. Binota Roy, Adv. Mr. Utkarsh Dwivedi, Adv. Mr. Srijit Datta.
  • Counsel for Respondents: Mr. Rauf Rahim, Sr. Adv. Mr. Ali Asghar Rahim, Adv. Mr. Mohsin Rahim, Adv. Mrs. Tania Tamanna, Adv. Mr. Shekhar Kumar (AOR).
  • Bench: Hon'ble Mr. Justice Prashant Kumar Mishra and Hon'ble Mr. Justice Shree Chandrashekar.
  • Procedural Orders: The Court first condoned the delay in filing the appeal.

Order Details

1. Delay Condoned – The Court accepted the delay in filing the appeal.

2. Dismissal of Appeal – The Civil Appeal is dismissed in terms of the signed order.

3. Liberty to File Suit – The appellants are granted liberty to approach an appropriate civil court of competent jurisdiction within three months from the date of the order. If a suit is filed within this period, it shall be decided on merits without raising any limitation objections.

4. Effect of NCDRC Observations – Any observation made by the National Consumer Disputes Redressal Commission in its impugned order shall not prejudice the civil suit to be preferred.

5. Pending Applications – All pending applications, if any, stand disposed of.

6. Signature & Authentication – Digitally signed by Vishal Anand on 2026.08.25 18:02:34 IST (Signature Not Verified). The order was placed on file by Deputy Registrar Court Master (NSH), Vishal Anand and Akshay Kumar Bhoria.

Final Outcome

  • The appeal is dismissed; the appellants may file a civil suit within three months, free from limitation objections, and any NCDRC observations will not affect that suit. All pending applications are also disposed of.

Topics: Consumer Dispute, Court Order