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2023 (11) TMI 143 - SCH - Indian LawsGrant of Interim Relief - denial of of interim relief on the ground that there is an alternate remedy available - HELD THAT - If the High Court has found that the matter was worth admitting then there was no question of non-considering the issue with regard to grant or refusal of interim relief, on the ground that there is an alternate remedy - When the High Court finds that there is merit in the matter and admits it, then it was also bound to consider as to whether the interim relief should have been granted or not. Non-granting of interim relief on the ground that there is an alternate remedy available is totally contradictory to the earlier part of the order admitting the matter - Non-consideration of the question of grant or refusal of interim relief, in our considered view, would be a failure to exercise the jurisdiction vested in the High Court. The impugned order set aside - matter remitted back to the High Court - appeal allowed.
Issues Involved: Challenge to High Court order regarding grant of interim relief due to availability of alternate remedy.
The Supreme Court, in a judgment delivered by Hon'ble Mr. Justice B.R. Gavai and Hon'ble Mr. Justice Prashant Kumar Mishra, granted leave to appeal against the High Court order dated 25.01.2022. The High Court order, which was challenged, had admitted the matter but refrained from granting interim relief due to the existence of an alternate remedy. The Supreme Court expressed surprise at the High Court's decision, emphasizing that if a matter is found to be worth admitting, the question of granting interim relief should be considered regardless of the availability of an alternate remedy. The Supreme Court held that the non-granting of interim relief solely based on the presence of an alternate remedy is contradictory and constitutes a failure to exercise jurisdiction. Consequently, the Supreme Court set aside the impugned order and remitted the matter back to the High Court with directions to consider whether interim relief should be granted. The appeal was allowed on this ground, and any pending applications were disposed of accordingly.
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