Supreme Court dismisses repeated applications as abuse of process, upholds Single Judge's decision. The Supreme Court, comprising Hon'ble Dr. Justice D.Y. Chandrachud and Hon'ble Ms. Justice Hima Kohli, found the successive filing of applications before ...
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Supreme Court dismisses repeated applications as abuse of process, upholds Single Judge's decision.
The Supreme Court, comprising Hon'ble Dr. Justice D.Y. Chandrachud and Hon'ble Ms. Justice Hima Kohli, found the successive filing of applications before the High Court to be an abuse of process due to seeking essentially the same reliefs. Consequently, the Special Leave Petition was not entertained. The Court upheld the Single Judge's decision to decline granting ad interim relief, emphasizing that its decision was based on the abuse of process through successive applications. Any pending applications were disposed of accordingly.
Issues: 1. Abuse of process through successive interim applications before the High Court. 2. Justification of the Single Judge's decision to decline granting ad interim relief.
Analysis: 1. The Supreme Court, comprising Hon'ble Dr. Justice D.Y. Chandrachud and Hon'ble Ms. Justice Hima Kohli, heard arguments from counsels representing the petitioner, second respondent, and third respondent. The Court noted that a previous application for similar reliefs had been rejected by the Single Judge of the High Court. The fresh application was based on a change in circumstances following a judgment by the Supreme Court. The Court found the successive filing of applications to be an abuse of process, as the reliefs sought were essentially the same. Consequently, the Special Leave Petition was not entertained due to this abuse of process.
2. The Court clarified that its decision was based on the abuse of process through successive applications. It emphasized that the observations in the impugned order of the High Court were limited to whether the Single Judge rightly declined to exercise discretion in granting ad interim relief. With this clarification, the Court dismissed the Special Leave Petition, effectively upholding the Single Judge's decision. Any pending applications were disposed of in light of this judgment.
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