w w w . L a w y e r S e r v i c e s . i n



Cambridge International School & Another v/s Priyanka


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Company & Directors' Information:- V AND S INTERNATIONAL PVT LTD [Active] CIN = U74899DL1992PTC049964

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Company & Directors' Information:- D D INTERNATIONAL PRIVATE LIMITED [Active] CIN = U51909PB1995PTC016929

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Company & Directors' Information:- J C INTERNATIONAL LIMITED [Active] CIN = U51109WB1999PLC089037

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Company & Directors' Information:- R H INTERNATIONAL LIMITED [Active] CIN = U72900DL2007PLC159452

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Company & Directors' Information:- A & D INTERNATIONAL PRIVATE LIMITED [Active] CIN = U36109RJ2007PTC024176

Company & Directors' Information:- PRIYANKA (INDIA) PRIVATE LIMITED [Active] CIN = U74899DL1983PTC015359

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Company & Directors' Information:- S. D. INTERNATIONAL PRIVATE LIMITED [Active] CIN = U74900UP2008PTC036047

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Company & Directors' Information:- K P INTERNATIONAL PRIVATE LIMITED [Active] CIN = U24110GJ2007PTC050026

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Company & Directors' Information:- S G INTERNATIONAL PRIVATE LIMITED [Strike Off] CIN = U51109WB1998PTC086547

Company & Directors' Information:- B N INTERNATIONAL PRIVATE LIMITED [Active] CIN = U15412WB1999PTC089316

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Company & Directors' Information:- S. J. INTERNATIONAL PRIVATE LIMITED [Active] CIN = U27310DL2007PTC169438

Company & Directors' Information:- G. S. C. INTERNATIONAL PRIVATE LIMITED [Active] CIN = U29120MH1994PTC080380

Company & Directors' Information:- A J INTERNATIONAL PRIVATE LIMITED [Converted to LLP] CIN = U74899DL1994PTC060818

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Company & Directors' Information:- N M INTERNATIONAL PRIVATE LIMITED [Active] CIN = U74120MH2012PTC234492

Company & Directors' Information:- S S M INTERNATIONAL PRIVATE LIMITED [Active] CIN = U51909DL1997PTC089876

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Company & Directors' Information:- T. INTERNATIONAL PRIVATE LIMITED [Active] CIN = U72900DL1997PTC091049

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Company & Directors' Information:- D. S. R. INTERNATIONAL PRIVATE LIMITED [Active] CIN = U74999UP2010PTC039954

Company & Directors' Information:- R B INTERNATIONAL LTD [Strike Off] CIN = U18101WB1993PLC059515

Company & Directors' Information:- P Y INTERNATIONAL PRIVATE LIMITED [Converted to LLP] CIN = U51102RJ1995PTC010133

Company & Directors' Information:- R C INTERNATIONAL LIMITED [Strike Off] CIN = U51909TG1991PLC012477

Company & Directors' Information:- I AND A INTERNATIONAL PRIVATE LIMITED [Active] CIN = U72200TG1995PTC019936

Company & Directors' Information:- PRIYANKA INTERNATIONAL PVT LTD [Strike Off] CIN = U51109WB1990PTC049985

Company & Directors' Information:- P V INTERNATIONAL PRIVATE LIMITED [Active] CIN = U74899DL1998PTC094598

Company & Directors' Information:- I B INTERNATIONAL PRIVATE LIMITED [Under Process of Striking Off] CIN = U72200DL2000PTC105735

Company & Directors' Information:- A M INTERNATIONAL PRIVATE LIMITED [Strike Off] CIN = U74899DL1995PTC066228

Company & Directors' Information:- K K M INTERNATIONAL PRIVATE LIMITED [Active] CIN = U17110MH1995PTC089836

Company & Directors' Information:- Z. H. INTERNATIONAL PRIVATE LIMITED [Active] CIN = U21098MH2010PTC210735

Company & Directors' Information:- J R INTERNATIONAL PRIVATE LIMITED [Active] CIN = U51909TN2002PTC048744

Company & Directors' Information:- L S INTERNATIONAL PRIVATE LIMITED [Strike Off] CIN = U74999DL2009PTC193390

Company & Directors' Information:- M B INTERNATIONAL PVT LTD [Strike Off] CIN = U52190DL2001PTC110572

Company & Directors' Information:- O K R INTERNATIONAL PRIVATE LIMITED [Strike Off] CIN = U74900DL1996PTC077152

Company & Directors' Information:- B B C INTERNATIONAL PVT LTD [Strike Off] CIN = U25209WB1984PTC037383

Company & Directors' Information:- K S INTERNATIONAL PRIVATE LIMITED [Strike Off] CIN = U51909MH2001PTC134345

Company & Directors' Information:- A TO Z INTERNATIONAL PRIVATE LIMITED [Strike Off] CIN = U51101TN1992PTC022507

Company & Directors' Information:- C & A INTERNATIONAL PRIVATE LIMITED [Strike Off] CIN = U51900MH1982PTC026718

Company & Directors' Information:- J S INTERNATIONAL PVT LTD [Strike Off] CIN = U51900MH1982PTC027604

Company & Directors' Information:- A C INDIA INTERNATIONAL PRIVATE LIMITED [Active] CIN = U74899DL1989PTC034784

Company & Directors' Information:- INDIA INTERNATIONAL COMPANY PRIVATE LIMITED [Active] CIN = U51228MH1955PTC009483

Company & Directors' Information:- PRIYANKA CORPORATION PRIVATE LIMITED [Active] CIN = U51900KA2013PTC068718

Company & Directors' Information:- R K INTERNATIONAL PVT LTD [Strike Off] CIN = U63040PB1982PTC004926

Company & Directors' Information:- L & P INTERNATIONAL PRIVATE LIMITED [Active] CIN = U52100DL2016PTC292025

Company & Directors' Information:- R B N INTERNATIONAL PRIVATE LIMITED [Active] CIN = U52300DL2012PTC243998

Company & Directors' Information:- P AND P INTERNATIONAL PRIVATE LIMITED. [Strike Off] CIN = U24100OR1993PTC003244

Company & Directors' Information:- B P INTERNATIONAL PVT LTD [Strike Off] CIN = U31909HP1984PTC005785

Company & Directors' Information:- E C INTERNATIONAL PVT LTD [Strike Off] CIN = U99999DL1982PTC013146

Company & Directors' Information:- A SCHOOL INDIA PRIVATE LIMITED [Active] CIN = U80211TN2011PTC079455

Company & Directors' Information:- M M INTERNATIONAL PVT LTD [Converted to LLP] CIN = U51312DL1977PTC008583

Company & Directors' Information:- A K INDIA INTERNATIONAL PRIVATE LTD [Strike Off] CIN = U45201DL1981PTC012389

Company & Directors' Information:- O P INTERNATIONAL PRIVATE LIMITED [Strike Off] CIN = U55101PB2013PTC037499

Company & Directors' Information:- J & A INTERNATIONAL PRIVATE LIMITED [Strike Off] CIN = U51900PB2013PTC037302

Company & Directors' Information:- CAMBRIDGE SCHOOL PRIVATE LIMITED [Active] CIN = U74999PB2017PTC046042

Company & Directors' Information:- Y. A. INTERNATIONAL PRIVATE LIMITED [Strike Off] CIN = U74900RJ2012PTC040431

Company & Directors' Information:- D & A INTERNATIONAL PRIVATE LIMITED [Active] CIN = U74999MH2015PTC262713

Company & Directors' Information:- R L INTERNATIONAL PRIVATE LIMITED [Active] CIN = U18204UP2016PTC076344

Company & Directors' Information:- V P S INTERNATIONAL PRIVATE LIMITED [Strike Off] CIN = U93030UP2014PTC066242

Company & Directors' Information:- J V INTERNATIONAL PRIVATE LIMITED [Strike Off] CIN = U51102DL2012PTC240197

Company & Directors' Information:- S R L INTERNATIONAL PRIVATE LIMITED [Under Process of Striking Off] CIN = U20296AP2013PTC085533

Company & Directors' Information:- M D INTERNATIONAL LIMITED [Active] CIN = U74140MH1981PTC025007

Company & Directors' Information:- D C M INTERNATIONAL LTD. [Strike Off] CIN = U99999DL2000PTC004208

    First Appeal No. 547 of 2019

    Decided On, 03 March 2020

    At, Punjab State Consumer Disputes Redressal Commission Chandigarh

    By, THE HONOURABLE MR. JUSTICE PARAMJEET SINGH DHALIWAL
    By, PRESIDENT
    By, THE HONOURABLE MR. RAJINDER KUMAR GOYAL
    By, MEMBER & THE HONOURABLE MRS. KIRAN SIBAL
    By, MEMBER

    For the Appellants: Neeraj Sobti, Advocate. For the Respondent: Nitin Thatai, Advocate.



Judgment Text


Rajinder Kumar Goyal, Member

1. The instant appeal has been filed by the appellants/opposite parties against the order dated 24.7.2019 passed by District Consumer Disputes Redressal Forum, Shaheed Bhagat Singh Nagar (in short, “the District Forum”), whereby the complaint filed by the respondent/complainant, under Section 12 of the Consumer Protection Act, 1986 was allowed and OPs/appellants were directed to refund 50% of the amount paid by complainant/respondent to OPs/appellants during three years. The complainant/respondent was further entitled to Rs. 5,000 as compensation for mental agony and harassment and Rs. 3,000 as costs of litigation expenses. The OPs/appellants were also directed to deposit Rs. 5,000 in Legal Aid Fund of this Consumer Forum for deficiency in service and unfair trade practice.

2. It would be apposite to mention that hereinafter the parties will be referred, as have been arrayed before the District Forum.

Facts of the Complaint

3. Brief facts, as averred in the complaint are that son of complainant namely Master Bhagya Nijhawan studied in Cambridge International School Banga in Nursery in 2016-17 Session, K.G-1 in 2017-18 Session, KGII in 2018-19 session. The complainant paid Rs. 1,75,000 as fees to Opposite parties (in short “OPs”)/school regularly as per rules and regulations of school in all three years. Further stated that she admitted her son to the OP-school for better future of her son, but the school failed to give proper education as per requisite standards to her son. In the report card, school was showing good results, but in actual it was not so. The fact came to her knowledge when she tried to get her son admitted to another school and admission test was conducted there, but her son failed in that test. Thereafter, complainant contacted Principal of OPs school in this regard, but the Principal stated that this is not possible that a student of their school is not competent to quality the test. She further replied that staff members of their school are very competent and status of their school than other schools is very high and the Principal misbehaved with the complainant. After that, she approached the Proprietor of the said school, but he also misbehaved with her and refused to accept any responsibility. She alleged that due to this act of OPs, she faced lot of inconvenience and harassment. The act and conduct of the OPs is full of negligence, deficiency in service and as such, complainant filed consumer complaint before the District Forum with a prayer for directing OPs to refund the amount of Rs. 1,75,000 paid as fees, besides to pay Rs. 1,00,000 as compensation for mental harassment and inconvenience suffered by her.

4. Upon notice, opposite parties appeared and filed their joint reply, whereby OPs contested the complaint by taking preliminary objection that education is not a commodity and cannot be defined as service so the complainant is not a consumer. The complaint is not legally maintainable and complainant has no locus standi or cause of action to file the complaint. On merits, OPs averred that OP No. 1 had been receiving only prescribed fee and other charges, no excessive or exorbitant fee or charges were obtained from complainant. The result card of her son was supplied to her as and when same was prepared. OPs were not aware as to whether her son appeared in some test for admission to some other school. It has been denied that school/OPs expressed their inability regarding proper teaching to the students. Further alleged that OP No. 1/School was established in Session 2013- 14 with strength of 329 students and thereafter every year an additional class was added and presently it is upto 10+2 school with an effective strength of 1490 students, which was most likely to achieve target of 1550 students in the current session. OP No. 1 School is well reputed institute of the area with most reasonable charges. During stay of three years, neither son of the complainant nor complainant ever expressed any dissatisfaction with the work and conduct of the staff. Rest all other averments of the complainant were denied by OPs and prayed for dismissal of the complaint.

Evidence of the Parties

5. Learned Counsel for the complainant tendered into evidence her affidavit as Ex.CW-1 along with documents, copy of aadhar card as Ex.C-1, copies of reports cards Ex.C-2 to Ex.C-4, copies of receipts Ex.C-5 to Ex.C-11 and closed the evidence. On the other hand, OPs tendered into evidence affidavit of Ms. Sonia Walia, Principal of OPSchool as R-1 and closed the evidence.

Finding of the District Forum

6. The District Forum, which after going through the record and hearing learned Counsel on behalf of parties, allowed the complaint, vide impugned order. Hence, this appeal filed by the appellants/opposite parties with a prayer to set aside the impugned order.

Contention of the parties

7. We have heard learned Counsel for both the parties and have gone through the record of the case.

8. Counsel for appellants/opposite parties argued that education is not a commodity and cannot be defined as service so complainant is not a consumer. The complaint is not legally maintainable and complainant has no locus standi or cause of action to file the complaint. No excessive or exorbitant fee or charges were obtained from complainant. OPs are not aware as to whether her son appeared in some test for admission to some other school. During stay of three years, neither son of the complainant nor complainant ever expressed any dissatisfaction with the work and conduct of the staff. There is no deficiency in service or unfair trade practice on the part of OPs. The District Forum without taking into consideration the above facts, allowed the complaint. As such the order of District Forum is liable to be set aside and the complaint filed by the complainant is liable to be dismissed.

9. Per contra, learned Counsel for respondent/complainant argued that the District Forum has allowed the complaint after completely verifying the evidence available on the record. There is no illegality and infirmity in the order passed by the District Forum and there is no need of any kind of interference in the order passed by the District Forum. It has been prayed to dismiss the appeal.

Consideration of Contentions

10. We have given our thoughtful consideration to the contentions raised by the parties. We have also thoroughly gone through the record of the case as well as order passed by District Forum.

11. Before discussing the issue on merits, the first issue is to decide whether the respondent/complainant is a ‘consumer’ under the Act or not. In a recent judgment of the Larger Bench of the Hon’ble National Commission in C.C. No. 261 of 2012 titled as Manu Solanki & Ors. v. Vinayaka Mission University, I (2020) CPJ 210 (NC), along with bunch of cases decided on 20.1.2020 while relying upon judgement of Hon’ble Supreme Court in P.A. Inamdar and Ors. v. State of Maharashtra and Ors., reported in VI (2005) SLT 423=(2005) 6 SCC 537, has held in para No. 51 as under:

“51. In view of the foregoing discussion, we are of the considered opinion that the institutions rendering education including vocational courses and activities undertaken during the process of pre-admission as well as post-admission and also imparting excursion tours, picnics, extra co-curricular activities, swimming, sport, etc. except coaching institutions, will, therefore, not be covered under the provisions of the Consumer Protection Act, 1986.”

12. In the instant case, the appellants/OPs are an educational school affiliated with Central Board of Secondary Education (a statutory body, for imparting educa

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tion upto 10+2 standards). Therefore, in view of the above judgment of the Hon’ble National Commission the respondent/complainant cannot be considered as a Consumer of OP-School. 13. Sequel to the above discussions, the appeal is allowed and the order of the District Forum is set aside. The complaint is dismissed as not maintainable. 14. Amounts of Rs. 25,500 and Rs. 75,000 were deposited by the appellants in this case. Both these amounts, along with interest which has accrued thereon, if any, shall be remitted by the registry to the appellants/opposite parties, whosoever deposited, by way of a crossed cheque/demand draft after the expiry of 45 days of the sending of certified copy of the order to it. 15. The appeal could not be decided within the statutory period due to heavy pendency of Court cases. Appeal allowed.
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16-03-2020 Bhavna Kisan Uradya & Others Versus The State of Maharashtra, Through the Secretary, School Education Department & Others High Court of Judicature at Bombay
16-03-2020 Indira Cheriya Kadavan Versus V.M. Gangadharan, Manager, Thillankery U.P School, Kannur & Others High Court of Kerala
13-03-2020 Paradigm Geophysical Pty Ltd. V/S Commissioner of Income Tax (International Taxation)-3, New Delhi High Court of Delhi
13-03-2020 Yogesh Kalyanrao Ghadage And Another V/S The State of Maharashtra, Through the Secretary, School Education Department, Mantralaya & Another High Court of Judicature at Bombay
13-03-2020 M/s. Shriram Capital Limited, A Limited Company represented by its Vice-President, N. Mani Versus The Director of Income Tax, (International Taxation) & Another High Court of Judicature at Madras
13-03-2020 Dr. Rajesh Jhorawat Versus Life Cell International Pvt. Ltd., Kancheepuram & Another National Consumer Disputes Redressal Commission NCDRC
12-03-2020 Joshi Technologies International, Inc-India Projects Versus Union of India High Court of Gujarat At Ahmedabad
12-03-2020 Sundarambal Middle School, Rep.by its Educational Agency,M. Gnanaprakasam Versus The District Elementary Educational Officer, Madurai Before the Madurai Bench of Madras High Court
12-03-2020 Nitin Kumar Jain Versus Union of India, Through, Human Resources Development, Department of School Education & Literacy, New Delhi & Others Central Administrative Tribunal Principal Bench New Delhi
11-03-2020 K. Dharmaraj & Others Versus Sir M.Ct.Muthaiah Chettiar, Higher Secondary School Trust, Rep. by its President, Chennai & Others High Court of Judicature at Madras
11-03-2020 Dnyaneshwar Versus The State of Maharashtra, Through its Secretary, School Education & Sports Department, Mantralaya & Others In the High Court of Bombay at Aurangabad
11-03-2020 M/s. Meyer Apparel Ltd. Versus M/s. Panchanan International Pvt. Ltd. High Court of Delhi
09-03-2020 Madras Christian College Higher Secondary School, rep. by its Head Master, Chetpet Versus The Secretary to Government, Govt. of Tamilnadu, School Education (C2)Department, Chennai & Others High Court of Judicature at Madras
06-03-2020 Uttam Datta Versus Proprietor, International Trading Co. & Another West Bengal State Consumer Disputes Redressal Commission Kolkata
06-03-2020 Aided Primary School, rep. by its Secretary, Thazhambadi, Puduchathiram Union, Namakkal District Versus The Director of Elementary Education, College Road, Chennai & Others High Court of Judicature at Madras
03-03-2020 Priyanka Versus The State of Maharashtra Through the Principle Secretary, Home Department, Mantralaya & Others In the High Court of Bombay at Aurangabad
28-02-2020 P. Krishnasamy Versus The Government of Tamilnadu, Represented by its Secretary to Government, (School Education and Elementary Education Department), Chennai & Others Before the Madurai Bench of Madras High Court
28-02-2020 Seed Works International Pvt., Ltd. & Another Versus Banothu Rangamma & Others Telangana State Consumer Disputes Redressal Commission Hyderabad
28-02-2020 Vikrant Prataprao Gaikwad & Another Versus The State of Maharashtra Through the Secretary School Education Department & Others High Court of Judicature at Bombay
28-02-2020 U.M. Aided Primary School, Prakasam Dist. Rep. by its Correspondent Versus State of Andhra Pradesh rep. by its Principal Secretary School Education Depart. & Others High Court of Andhra Pradesh
28-02-2020 Vikrant Prataprao Gaikwad & Another Versus The State of Maharashtra Through the Secretary School Education Department Mantralaya & Others High Court of Judicature at Bombay
27-02-2020 Perfect Synergy Advisory Pvt. Ltd. Versus Sagar Infra Rail International Limited & Others High Court of Delhi
26-02-2020 Manager & Correspondent, Madasa E.Deeniyath Aided Elementary School, Ambur Versus The State of Tamil Nadu, Rep.by its Secretary to Government, Education Department, Chennai & Others High Court of Judicature at Madras
25-02-2020 Nitin Ramesh Khedekar Versus The State of Maharashtra, Through the Secretary, School Education Department, Mantralaya & Others High Court of Judicature at Bombay
25-02-2020 Vaishali Raoso Ghadage & Another V/S The State of Maharashtra, Through the Secretary, School Education Department, Mantralaya & Another High Court of Judicature at Bombay
24-02-2020 Saurabh Kar & Another Versus Kolkata West International City Pvt. Ltd. & Another West Bengal State Consumer Disputes Redressal Commission Kolkata
24-02-2020 Raya Xavier (Died) & Another Versus The State of Tamil Nadu, Rep. by its Secretary, Department of School Education, Chennai & Others Before the Madurai Bench of Madras High Court
21-02-2020 Secretary, Bairgachi High School Versus State of West Bengal & Others High Court of Judicature at Calcutta
19-02-2020 The Manager, St. Paul's Higher Secondary School, Kozhinjampara Versus State of Kerala, Represented by The Secretary To Government, General Education Department, Secretariat, Thiruvananthapuram & Others High Court of Kerala
18-02-2020 Mohd Shafiq & Others Versus Anuradha Gupta, Director School Education & Another High Court of Jammu and Kashmir
17-02-2020 A.R. Chennimalai Gounder Matriculation Higher Secondary School Represented by the Correspondent S. VAnithamani Versus Union of India Represented by the Secretary Ministry of Environment, New Delhi & Others High Court of Judicature at Madras
14-02-2020 APS Forex Services Private Limited Versus Shakti International Fashion Linkers & Others Supreme Court of India
14-02-2020 Seed Works International Pvt., Ltd., Rep. by its Finance Controller, TN Rajan & Another Versus Banothu Tharya & Another Telangana State Consumer Disputes Redressal Commission Hyderabad
11-02-2020 Ircon International Limited Versus C.R. Sons Builders & Development Pvt. Ltd. & Another High Court of Delhi
10-02-2020 K. Varada Pillai Versus The Government of Tamil Nadu, Represented by the Secretary to Government, School Education Department, Chennai & Others High Court of Judicature at Madras
07-02-2020 Swastik Builders, Satyam Apartments Next to Rowell Continental (Sunny International) & Others Versus Dr. Shobha & Others In the High Court of Bombay at Nagpur
06-02-2020 Navshakti Educational Society Versus Laxman Public School & Others High Court of Delhi
06-02-2020 Mahesh Kumar Sharma Versus The Principal, Vidya Niketan Birla Public School, Pilani District Jhunjhunu & Others High Court of Rajasthan Jaipur Bench
05-02-2020 M/s. Texcel International Pvt. Ltd., Sengundram Industrial Area (Near Ford India Ltd.,), Chengalpattu Versus M/s. Chennai Steel Tubes, Rep.by one of its Partner, G. Bhavanishankar High Court of Judicature at Madras
04-02-2020 D. Ramchander Versus The State of Telangana, rep by its Secretary School Education Department Secretariat & Another High Court of for the State of Telangana
04-02-2020 St.John's English Primary School & Another Versus Education Officer, (Primary), Zilla Parishad, Nagpur & Another In the High Court of Bombay at Nagpur
04-02-2020 School Management, St. Xavier Public School Korba Versus Raghuvanshi Chandra National Consumer Disputes Redressal Commission NCDRC
31-01-2020 V. Saraswathi Versus The Director of School Education, Chennai & Others Before the Madurai Bench of Madras High Court
31-01-2020 Alstom T&D India Ltd., Formerly known as Areva T&D India Ltd., Represented by its Managing Director, Rep. by its authorized signatory, Padappai Versus M/s. Texcel International Pvt., Ltd., Represented by Mukunthan C.O.O, Chengalpattu High Court of Judicature at Madras
30-01-2020 M.V. Rangarajan Versus State of Tamil Nadu Rep. by its Secretary, School Education, Chennai & Others High Court of Judicature at Madras
30-01-2020 Bristol-Myers Squibb Holdings Ireland Unlimited Company & Others Versus BDR Pharmaceuticals International Pvt. Ltd. & Another High Court of Delhi
28-01-2020 Reckitt Benckiser School India Ltd. (Previously SSL-TTK Limited) A Company existing under the Companies Act, 2013, Represented by its Authorized signatory M. Ponraj, Kancheepuram Versus Union of India through the Central Board of Direct Taxes, New Delhi & Others High Court of Judicature at Madras
28-01-2020 Reckitt Benckiser School India Ltd V/S Union of India and Others High Court of Judicature at Madras