Back
SUPREME COURT OF INDIA
ANIL R. DAVE, ADARSH KUMAR GOEL, JJ.
Medical Council of India - Appellant
Versus
RFDF Medical College Hospital & Research Centre & Ors. - Respondents
I.A. No. 2 of 2015 in Civil Appeal No. 8681 of 2015
Decided On : 08-12-2015
Interim Order - Jurisdiction - The court quashed the interim order passed by the High Court of Delhi, New Delhi, and held that the application filed after the disposal of the appeal was not maintainable. The court allowed the applicant to approach the High Court for hearing the pending petition on its merits at an early date.
Fact of the Case:
An application was filed against an interim order passed by the High Court, which had already been disposed of by the Supreme Court. The applicant sought relief despite the disposal of the appeal.
Finding of the Court:
The court dismissed the application, stating that it was not maintainable as the appeal had already been disposed of. The applicant was advised to approach the High Court for an early hearing of the pending petition.
Issues: Maintainability of the application filed after the disposal of the appeal.
Ratio Decidendi: An application filed after the disposal of the appeal is not maintainable. The High Court can be approached for an early hearing of the pending petition.
Final Decision: The court dismissed the application and advised the applicant to approach the High Court for an early hearing of the pending petition.
JUDGMENT :
Anil R. Dave, J.
Against an interim order dated 9th October, 2015 passed by the High Court of Delhi, New Delhi, in W.P.(C) No.9663/2015, Special Leave Petition No.29443/2015 (now converted into Civil Appeal No.8681/2015) was filed in this Court. The said appeal has been disposed of by this Court on 15th October, 2015, quashing the impugned order passed by the High Court.
2. This application has been filed by Respondent No.1 in the afore-stated appeal, which has already been disposed of and therefore, this application is not maintainable.
3. I.A. No. 2 is dismissed.
4. The learned senior counsel appearing for the applicant has submitted that still WP(C) No.9663/2015 is pending before the High Court.
5. It would be open to the applicant to approach the High Court with a request to hear the pending petition on its merits at an early date.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
