9911796707
TMI Blog2014 (4) TMI 1304X X X X Extracts X X X X X X X X Extracts X X X X ..... In any event there is no justifiable reason in such a case to permit a petitioner to invoke the extraordinary jurisdiction of the High Court under Article 226 once again. In the instant case, the High Court was right in holding that a fresh writ petition was not maintainable before it in respect of the same subject-matter since the earlier writ petition had been withdrawn without permission to file a fresh petition. Even on merits there was no ground to reverse the decision of the High Court. Present writ petition is not entertainable because it was not disputed by the learned counsel for the petitioner that the cause of action which was the subject matter of the earlier writ petition and the one involved in the present writ petition is ide ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... recovery through respondent No.4, respondent No.4 has withheld payment of the petitioner without any justification. The petitioner has no connection with respondent No.5 and dues of the petitioner from Respondent No.4 cannot be proceeded against for default of respondent No.5. Issue notice to respondent No.4. Dasti service is also permitted. List again on 24.04.2013, as prayed. 5. An affidavit has been filed on behalf of respondent No.4 stating that the petitioner and respondent No. 5 are inter connected entities. 6. In view of above, learned counsel for the petitioner does not press this petition but seeks liberty to establish its rights in appropriate civil proceedings. We do not see any objection to this course being adopted in accordanc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s no justifiable reason in such a case to permit a petitioner to invoke the extraordinary jurisdiction of the High Court under Article 226 once again. 10. In the instant case, the High Court was right in holding that a fresh writ petition was not maintainable before it in respect of the same subject-matter since the earlier writ petition had been withdrawn without permission to file a fresh petition. Even on merits there was no ground to reverse the decision of the High Court. 11. In the light of the aforesaid law laid down by the Hon ble Supreme Court , which has full application to the fact of this case, the present writ petition is not entertainable because it was not disputed by the learned counsel for the petitioner that the cause of a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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