ALTERNATIVE REMEDY vis-à-vis WRIT PETITION: MAINTAINABILITY
With the pendency of the cases on the rise and judicial courts opting for pro-ADR approach, it is essential to understand that referring a dispute to the available alternative remedy may not necessarily achieve the objective of speedy resolution of dispute. Whether the existence of an alternative remedy debars the jurisdiction of High Courts under Article 226? Under what circumstance can the High Court exercise its jurisdiction under the Article 226 despite the alternative remedy being available? Let us have a look at the settled judicial pronouncements with this regard. In the case of U.P. Power Transmission Corp. Ltd. &Anr. v. CG Power and Industrial Solutions Ltd, and Anr. (May 2021), the Hon’ble Supreme Court reiterated that the writ petition can be entertained even if alternate remedy is available when the writ is filed for enforcement of any fundamental rights, violation of natural justice, impugned order is passed without jurisdiction and when the vires of an act is challen...