PRATIBHA RAMESH PATEL versus UNION OF INDIA AND ORS.

PRATIBHA RAMESH PATEL versus UNION OF INDIA AND ORS.

Filing a writ petition under Article 32 before the Supreme Court, seeking identical reliefs as a pending writ petition under Article 226 before the High Court, is not maintainable and amounts to abuse of process.

Parties
Petitioner: Pratibha Ramesh Patel; Respondents: Union of India and Ors.
Jurisdiction
India
Judgment Date
09 March 2016
Procedural Posture
Writ Petition (civil) No. 35 of 2016 / Final Disposition at Supreme Court
Outcome
Writ Petition dismissed with costs.
Legal Topics
Maintainability of Writ Petitions, Jurisdiction Under Articles 32 and 226, Legislative Competence Regarding Co Operative Societies, SARFAESI Act Applicability, Enforcement of Security Interest and Recovery of Debts Laws (amendment) Act, 2012
Constitutional Law Banking and Finance Law Maintainability of Writ Petitions Jurisdiction Under Articles 32 and 226 Legislative Competence Regarding Co Operative Societies SARFAESI Act Applicability Enforcement of Security Interest and Recovery of Debts Laws (amendment) Act, 2012

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Parties

Pratibha Ramesh Patel

Petitioner

Union of India and Ors.

Respondents

Procedural Posture

Writ Petition (civil) No. 35 of 2016 / Final Disposition at Supreme Court

Legal Issues

  1. 1 Whether a writ petition under Article 32 is maintainable before the Supreme Court when a writ petition under Article 226 for identical relief is pending before a High Court.
  2. 2 Whether filing the petition under Article 32 amounts to abuse of process when the petitioner already invoked a remedy under Article 226.

Ratio Decidendi

Filing a writ petition under Article 32 before the Supreme Court, seeking identical reliefs as a pending writ petition under Article 226 before the High Court, is not maintainable and amounts to abuse of process.

Court Disposition

Writ Petition dismissed with costs.

Orders

  • Petitioner is to pay costs of Rs. 1,00,000/- (Rupees one lakh only) to be deposited with the Supreme Court Legal Services Committee within four weeks.