KALABHARATI ADVERTISING versus HEMANT VIMALNATH NARICHANIA AND ORS.

KALABHARATI ADVERTISING versus HEMANT VIMALNATH NARICHANIA AND ORS.

On withdrawal of the writ petition, all interim and consequential orders passed by the High Court and Corporation stood nullified. It was not permissible for the High Court to allow review or recall of orders by the Corporation, nor for the Corporation to pass such orders without hearing affected parties and...

Source-derived case information.

Parties
Appellant: Kalabharati Advertising; Respondent: Hemant Vimalnath Narichania; Respondent: Municipal Corporation (Mumbai); Respondent: Society (Respondent No.13); Respondent: Members Nos. 1 to 5 of the Society
Jurisdiction
India
Judgment Date
06 September 2010
Procedural Posture
Civil Appeal / Appeal From Orders of High Court
Outcome
Appeals allowed
Legal Topics
Interim Orders, Withdrawal of Writ Petitions, Doctrine of Restitution, Review Jurisdiction, Legal Malice, Principles of Natural Justice
Constitutional Law Administrative Law Interim Orders Withdrawal of Writ Petitions Doctrine of Restitution Review Jurisdiction Legal Malice Principles of Natural Justice

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Summary, issues, holding and outcome

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Parties

Kalabharati Advertising

Appellant

Hemant Vimalnath Narichania

Respondent

Municipal Corporation (Mumbai)

Respondent

Society (Respondent No.13)

Respondent

Members Nos. 1 to 5 of the Society

Respondent

Procedural Posture

Civil Appeal / Appeal From Orders of High Court

Legal Issues

  1. 1 Whether interim relief granted in a writ petition survives after withdrawal of the petition
  2. 2 Whether High Court can confer review jurisdiction not provided by statute
  3. 3 Whether statutory authority acted with legal malice and violated principles of natural justice

Ratio Decidendi

On withdrawal of the writ petition, all interim and consequential orders passed by the High Court and Corporation stood nullified. It was not permissible for the High Court to allow review or recall of orders by the Corporation, nor for the Corporation to pass such orders without hearing affected parties and assigning reasons—doing so was without jurisdiction, vitiated for legal malice, and contrary to principles of natural justice.

Court Disposition

Appeals allowed

Orders

  • All orders passed by the High Court in Writ Petition No. 2366 of 2007 or by the statutory authority are nullified on withdrawal of the writ petition.
  • Appellant and Society may proceed with their agreement/contract as if no adverse order had ever been passed in the writ or by the statutory authority.