Case Law Details
Assets Care And Reconstruction Enterprises Limited Vs State of Maharashtra & Ors. (Supreme Court of India)
Introduction: The Supreme Court of India recently delivered a judgment that emphasizes the need for High Courts to consider interim relief prayers without refusal based on the availability of an alternative remedy. The case of Assets Care And Reconstruction Enterprises Limited vs. State of Maharashtra & Ors. revolves around a High Court order that raised concerns due to its contradictory nature. This article provides an analysis of the Supreme Court’s ruling and its implications.
Detailed Analysis:
1. Background: The case at hand involves an appeal against a High Court order dated 25.01.2022. The High Court’s order was peculiar, as it admitted the case but refrained from granting interim relief, citing the presence of an alternative remedy. The Supreme Court was approached to address this contradictory stance.
2. High Court’s Order: The High Court’s order expressed that arguable questions were presented in the case, leading to its admission. However, it proceeded to deny interim relief, stating that the petitioner had an alternate remedy.
Please become a Premium member. If you are already a Premium member, login here to access the full content.
