The Hon,ble Supreme Court Of India Passed an order in the civil Appeal slp No. 9913/2022 Asset care & Reconstruction Eterprises Limited vs state of Maharastra. The Order mentioned that High court cannot refuse to consider prayer for interim relief and mentioning alternative remedy.
The Hon,ble supreme court of india mentionded in the recent order passed on 16th october 2023 if the High court has found that the matter was worth admitting than there was no question of non considering the issue with regard to grant or refusal or interim relief on the ground that there is alternative remedy.
The Top Apex Court Also mentions in the recent order When the High court finds that there is merit in the matter and admits it, than it was also bound to consider as to wheather the interim relief should have been granted or not. Non granting of interim relief on the ground that there is an alternative remedy available is totally contradictory to the earlier part of the order admitting the matter
Non Consideration Of the question of grant or refusal of interim relief in our considered view would be the failure to exercise the jurisdiction vested in the high court Sc Said.
The Judgement order has been passed by supreme court division bench Hon,ble B.R Gavai and Hon,ble Prashant Kumar Mishra