SC expresses surprise at Bombay HC's order refraining from granting interim relief on ground of alternate remedy
Oct 25, 2023
New Delhi [India], October 25 : The Supreme Court has expressed its surprise in a recently passed decision when it noted that the Bombay High Court in an order refrained from granting relief to petitioner observing there is an alternate remedy.
"We are surprised to read the impugned order (Bombay HC's order)," the court said.
A bench of Justices BR Gavai and Prashant Kumar Mishra's remark came while hearing an appeal filed by Assets Care and Reconstruction Enterprises Limited against a January 2022 Bombay High Court order.
The appellant company has challenged the order of the High Court dated January 25, 2022, which read, "As the petitioner is having alternate remedy, we are refraining ourselves from granting interim relief."
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, the top court said.
"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. 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," the top court said in the October 16 order.
"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," the top court said.
The top court set aside the impugned order and remitted the matter back to the High Court.
"The High Court would consider whether the interim relief needs to be granted or not," the top court said.
