High Courts Cannot Refuse to Consider Prayer for Interim Relief Citing Alternative Remedy: Supreme Court [Read Order]

“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.”- Justice B R Gavai and Justice Prashant Kumar Mishra 

The Supreme Court in a recent judgement has held that high courts cannot refuse to consider prayer for interim relief citing alternative remedy.

Assets Care and Reconstruction Enterprises Ltd, the appellant has challenged the order of the High Court dated 25.01.2022, wherein it was held that “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 of grant or refusal of interim relief, on the ground that there is an alternate remedy. It was held that When the High Court finds that there is merit in the matter and admits it, then it was also bound to consider whether the interim relief should have been granted or not.

The two-judge bench comprising Justice B R Gavai and Justice Prashant Kumar Mishra held that “Non-granting of interim relief on the ground that there is an alternate remedy available is contradictory to the earlier part of the order admitting the matter.”

Further held that 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 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 appeal was allowed.

To Read the full text of the Order CLICK HERE

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