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DELHI HIGH COURT
SATISH CHANDRA SHARMA, SUBRAMONIUM PRASAD
Sunil Kumar Pandey – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. factual background of the case (Para 1 , 2) |
| 2. arguments from both parties (Para 3 , 4) |
| 3. court's observations on procedural issues (Para 5 , 6) |
| 4. legal principles on alternate remedies (Para 7 , 8) |
| 5. citing prior case law on judicial review (Para 9 , 10 , 11) |
| 6. review of the appellant's prior remedies (Para 12 , 13 , 14) |
| 7. court's sentiment on broader implications (Para 19 , 20) |
| 8. final decision on the appeal (Para 21 , 22) |
JUDGMENT
Subramonium Prasad, J.
1. The instant Letters Patent Appeal has been filed by one, Mr. Sunil Kumar Pandey and his wife ("Appellant") seeking setting aside of the Order dated 21.09.2022 passed by the Ld. Single Judge in W.P.(C) 11865/2022 ("Impugned Order"). Vide the Impugned Order, the Ld. Single Judge dismissed W.P.(C) 11865/2022, while giving the Petitioner therein i.e the Appellant herein the liberty to pursue the civil suit instituted by the Petitioners themselves.
2. The Appellants have placed on record the following facts to show that they have been defrauded by one builder, namely, Kunal Structural Developers & Industries Pvt. Ltd. ("Respondent No. 3/Respondent Builder") in collusion with Indiabulls Housing Finance Limited (
The High Court's discretionary powers under Article 226 should not be invoked when sufficient alternate remedies are available, emphasizing the principle of exhaustion of remedies in civil litigation....
The Court emphasized that the High Court should not entertain a writ petition when an effective alternate remedy is available to the aggrieved person, unless exceptional circumstances exist.
The existence of an alternate statutory remedy under the RERA Act limits the High Court's jurisdiction to entertain writ petitions, directing parties to the Appellate Tribunal for resolution of dispu....
The main legal point established in the judgment is that a petitioner cannot initiate parallel proceedings on the same subject matter by filing a writ petition while already having initiated an appea....
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