Once High Court Admits A Writ Petition It Cannot Refuse To Consider Prayer For Interim Relief Citing Alternate Remedy: Supreme Court

The Supreme Court has expressed surprise at an order of the Bombay High Court that first admitted a writ petition but then refused to consider prayer for interim relief on the ground that an alternate remedy was available to the party.

The Apex Court remitted the matter back to the High Court directing it to consider whether the interim relief needs to be granted or not.

A bench of Justice B R Gavai and Justice Prashant Kumar Mishra said that the High Court failed to exercise the jurisdiction vested in it, by not considering the question of grant or refusal of interim relief after the matter had been admitted.

“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,” the Apex Court said.

The Apex Court was of the view that non-granting of interim relief on the ground that there is an alternate remedy available is contradictory to the earlier part of the High Court order admitting the matter.

Case Title: Assets Care and Reconstruction Enterprises Limited V. The State Of Maharashtra & Ors.

Citation : 2023 LiveLaw (SC) 925

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