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Showing posts with label Granting of protective relief even after withdrawal of suit can be granted so as make the party to avail suitable remedy in correct forum. Show all posts
Showing posts with label Granting of protective relief even after withdrawal of suit can be granted so as make the party to avail suitable remedy in correct forum. Show all posts
Wednesday, July 24, 2013

Granting of protective relief even after withdrawal of suit can be granted so as make the party to avail suitable remedy in correct forum =in the interest of justice the court has inherent power to continue interim relief even after disposal of a case.= it is very clear that if a petition is not maintainable and is ultimately withdrawn, the court should not continue interim relief for a period beyond withdrawal of the writ petition. However, the afore stated observation would not apply to a case where the matter is heard on merits and after considering the facts of the case the court permits withdrawal of the case. In such a case, the court is at liberty to extend the interim relief or can grant interim relief for a limited period after recording reasons for the same. 18. In view of the facts of the case, in our opinion, the High Court was not in error while extending the interim relief for some time while permitting withdrawal of the appeal as the High Court has also recorded the reasons for which the interim relief was extended till 10.5.2010. 19. In view of the aforestated legal position, in our opinion, the High Court did not commit any error while extending the interim relief especially when the matter was heard on merits by the court and only to facilitate the appellants therein, the High Court had permitted withdrawal of appeal. 20. In the circumstances, we dismiss the appeal with no order as to costs. Interim relief which had been granted earlier by this Court stands vacated.

                            published in    http://judis.nic.in/supremecourt/imgst.aspx?filename=40571                                  R...