The writs of Certiorari, Prohibition, Mandamus, Habeas Corpus, Quo Warranto should not be issued on mere asking – Prashant Shashi Ruia Vs. State Bank of India – Gujarat High Court
The Hon’ble High Court held that the writs of mandamus, certiorari and prohibition, and for the matter of that, all high prerogative writs, are ordinarily not issued where there exists an alternative remedy equally efficient and adequate. In the following cases it has been held that a writ of prohibition will be issued notwithstanding an alternative remedy, whether under a statutory provision or otherwise:- (i) Where an inferior tribunal assumes jurisdiction and the want of jurisdiction is patent on the face of it; (ii) where the proceedings complained of are against the principles of natural justice; and (iii) where the alternative remedy is too costly or ineffective or entails such delay that the applicant would be irreparably prejudiced or the remedy might prove valueless. The Court also held that any scheme or plan that is approved by a court or Tribunal becomes a statutory scheme and is, therefore, an act of operation of law. Under the IBC, the Corporate Debtor is discharged by the operation of law.
