The High Court dismissed an appeal under the Letters Patent against an order by the Single Judge that issued Rule on a writ petition and granted interim relief. The Court held such orders are not maintainable by way of appeal.
Appeal dismissed; impugned order of issuing Rule and granting interim relief remains in force.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
LETTERS PATENT APPEAL NO. 123 OF 2005
IN
WRIT PETITION NO. 3786 OF 2002
Mr.Ajit Shripad Kulkarni . Appellant. V/s The Cosmoss Coop. Urban Bank Ltd... ..... ...... Respondents
Mr.T.R. Yadav, with N.A. Kulkarni, Adv. for the appellant.
Ms.Jaya Joi with Mrs.M.H. Doshi for respondents.
CORAM: V.G. PALSHIKAR AND D.B. BHOSALE, JJ. 21.10.2005.
PC:
Request for adjournment is rejected. No Appeal under clause 15 of the Letters
Patent of this Court is maintainable against an order passed under Article 227 of the Constitution of India. The order passed by the learned Single Judge which is impugned
is merely issuing Rule on writ petition and granting interim relief. Mere mention of Article 226 cannot create a right in the litigant to choose the Forum or create a right to an appeal. Appeal against such orders not being tenable, this appeal is dismissed. 21.10.2005
2 issues framed by the court
Whether an appeal under clause 15 of the Letters Patent is maintainable against an order merely issuing Rule and granting interim relief under Article 226 of the Constitution of India.
Whether mention of Article 226 creates a right to choose a forum or a right to an appeal.
2 provisions across 2 enactments
Ajit Shripad Kulkarni
Cosmoss Coop. Urban Bank Ltd
V.G. Palshikar
D.B. Bhosale
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
