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B. R. GAVAI, PRASHANT KUMAR MISHRA
Assets Care And Reconstruction Enterprises Limited – Appellant
Versus
State of Maharashtra – Respondent
ORDER
1. Leave granted.
2. The appellant has challenged the order of the High Court dated 25.01.2022, which reads thus:-
2. Admit.
3. As the petitioner is having alternate remedy, we are refraining ourselves from granting interim relief.”
3. We are surprised to read the impugned order.
4. 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.
5. 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.
6. 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.
7. 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.
8. We, therefore, set aside the impugned order and remit the matter back to the High Court. The
Failure to consider granting or refusing interim relief after admitting a matter based on its merit constitutes a failure to exercise jurisdiction.
The principle of non-interference with interim orders when the matter is still pending before the lower court.
Courts must not exceed their jurisdiction by issuing interim directions without granting the parties an opportunity to be heard, and failure to render necessary findings to support an order would be ....
The Supreme Court upheld the High Court's interim order, emphasizing that the appeal process must be respected and that stay applications may be renewed at the appropriate level.
Writ Petition – Once High Court declines to entertain writ petition in exercise of its discretionary jurisdiction on the ground that an efficacious alternative remedy for grant of relief is available....
Interlocutory orders can be appealable if they materially affect rights; review jurisdiction is limited to errors visible on the record.
Interim relief should not have been granted, and the final hearing of the pending Writ Petition should be concluded promptly.
The court refrained from making observations on the merits to avoid prejudice and found that the appellants were not differently situated from the petitioners in a previous case, leading to the impug....
The court upheld the High Court's decision to reject the petitioner's request for interim protection, leading to the dissolution of the interim protection granted earlier.
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