Home Case Index All Cases Indian Laws Indian Laws + HC Indian Laws - 2015 (9) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2015 (9) TMI 1757 - BOMBAY HIGH COURTCondonation of delay in filing the complaint - present writ petition is filed on 27.8.2012 i.e. practically more tan 8 months of passing of the order by Hon'ble Justice Tahaliyani - HELD THAT:- It is true that Hon'ble Justice Tahaliyani had granted liberty to file the Writ Petition. However, "liberty to file" is a phraseology without a valid sanction of any statute or any specific precedent. It is the liberty granted to the petitioner to probe the possibility of seeking the relief by an alternative remedy. The said liberty does not give right to a litigant fresh/anew to agitate the same issue/order which has attained finality. The liberty may confer a right to the petitioner to file a petition, but it does not confer jurisdiction upon the Court to probe into the correctness or the validity of the order under challenge. Review of a judgment cannot be had on this liberty. This Court is of the opinion that only because liberty is granted does not mean that the subsequent proceeding is maintainable in the eyes of law or that it calls upon the successor Court to hold subsequent petition maintainable or pass an order setting aside the order passed by the Court granting liberty. The successor Court is not bound to hold the proceeding maintainable. This Court is of the opinion that the present Writ Petition is not maintainable and it deserves to be dismissed in limine.
|