Case Note & Summary
The petitioner, Skygourmet Catering Private Limited, filed a writ petition before the Bombay High Court challenging certain actions of the Union of India and other respondents. The parties agreed that the issues in this petition were identical to those in Writ Petition No.2351 of 2009, which had already been heard by the same bench. On the same day, the court had issued Rule in the connected matter and rejected the application for interim relief through a reasoned order. Applying the same reasoning, the court issued Rule in the present petition and rejected the interim relief application. The court clarified that any payments made during the pendency of the petition would be subject to the final outcome. The order was passed by a division bench comprising Justice Ranjana Desai and Justice Mridula Bhatkar on 5th January 2010.
Headnote
A) Civil Procedure - Interim Relief - Rejection of Interim Application - The court rejected the application for interim relief in a writ petition where the issues were similar to another petition in which interim relief was already rejected by a reasoned order. Held that the same reasoning applies, and all payments made will be subject to final orders (Paras 1-2).
Issue of Consideration
Whether interim relief should be granted pending disposal of the writ petition.
Final Decision
Rule issued in the writ petition; application for interim relief rejected. All payments made will be subject to final orders.
Law Points
- Interim relief
- Rule issuance
- Similar issues in connected petitions
Case Details
2010 LawText (BOM) (01) 270
WRIT PETITION (L) NO.2405 OF 2009
Smt. Ranjana Desai, Mrs. Mridula Bhatkar
Mr. Mehul Shah for the petitioners, Mr. Girish Kulkarni for respondents 1 and 2, Mr. Rafiq Dada, senior counsel with Mr. P.K. Samdani, senior counsel i/b M/s. Wadia Ghandy & Co. for respondent 3
Skygourmet Catering Private Limited
The Union of India & Ors.
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Nature of Litigation
Writ petition challenging actions of Union of India and others.
Remedy Sought
Petitioner sought interim relief pending disposal of the writ petition.
Filing Reason
Issues similar to those in Writ Petition No.2351 of 2009.
Previous Decisions
In Writ Petition No.2351 of 2009, Rule was issued and interim relief was rejected by a reasoned order.
Issues
Whether interim relief should be granted in this petition given the similarity with another petition where interim relief was rejected.
Submissions/Arguments
Learned counsel for the parties stated that the issues are similar to those in Writ Petition No.2351 of 2009.
Ratio Decidendi
Where issues in a writ petition are identical to those in a connected petition in which interim relief has already been rejected by a reasoned order, the same reasoning applies and interim relief should be rejected in the present petition as well.
Judgment Excerpts
Learned counsel for the parties state that the issues involved in this writ petition are similar to those involved in Writ Petition No.2351 of 2009.
For the reasons stated in the said order, we issue Rule in this petition and reject the application for interim relief.
Needless to say that all payments made will be subject to the final orders that will be passed in this writ petition.
Procedural History
The writ petition was filed before the Bombay High Court. On 5th January 2010, the court heard the parties and noted that the issues were similar to those in Writ Petition No.2351 of 2009, in which Rule had been issued and interim relief rejected that same day. The court then issued Rule and rejected interim relief in the present petition.
